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Yankeetown City Zoning Code

ARTICLE XIII

- NONCONFORMING USES AND STRUCTURES

Sec. 18-262. - Changes in nonconforming use.

Nonconforming uses shall not be converted to other nonconforming uses even if the proposed use is less nonconforming.

(Code 2015, ch. 21, § 21.11.1)

Sec. 18-263. - Increasing nonconformity.

(a)

Nonconforming structures may be expanded, provided that portion of the structure that creates the nonconformity is not increased. For example, a structure that intrudes into a front lot line setback may increase the footprint of the structure on the rear and sides, but may not increase the portion of the structure that intrudes into the front setback. This applies both horizontally and vertically.

(b)

Any extensions must comply with chapter 12.

(Code 2015, ch. 21, § 21.11.2)

Sec. 18-264. - Reconstruction after damage.

(a)

If a nonconforming structure is involuntarily substantially damaged, it may be replaced in the same footprint and shall comply with LDC regulations to the greatest extent possible.

(b)

Voluntarily and involuntarily destroyed structures must be constructed in compliance with chapter 12.

(c)

Involuntarily destroyed structures must have permits applied for within one year of the occurrence of such damage or nonconforming status will be lost.

(Code 2015, ch. 21, § 21.11.3)

Sec. 18-265. - Resumption of discontinued nonconforming use prohibited.

If a nonconforming use is discontinued, the use of the property must be brought into full compliance with the code and be fully consistent with the comprehensive plan.

(Code 2015, ch. 21, § 21.11.4)

Sec. 18-266. - Use of nonconforming parcels of record at time of passage of the ordinance from which this section is derived.

Notwithstanding the limitations imposed by any other provisions of the ordinance from which this section is derived, the erection of a structure in any district shall be permitted on any parcel of record, at the time of passage of the ordinance from which this section is derived, provided that the parcel is not a substandard parcel as defined herein.

(Code 2015, ch. 21, § 21.11.5)

Sec. 18-267. - Certificate of occupancy.

(a)

No existing structure or use made nonconforming by this LDC or any amendment shall be allowed to continue without a certificate of occupancy.

(b)

The owner or occupant of every nonconforming structure or use shall apply for such certificate within three months after the adoption of the ordinance from which this section is derived or any amendment under which the nonconforming structure or use is created.

(c)

Failure to have made application within this period shall be presumptive evidence of discontinuance of use.

(d)

Certificate must be received within one year of the application date.

(Code 2015, ch. 21, § 21.11.6)