McLean County, IL Article IV Nonconformities

§ 350-27 Purpose.

The purpose of this article is to provide for the regulation of nonconforming lots of record, structures, and uses.

§ 350-28 Applicability.

Any lawfully existing lot, building, structure, or use which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this article.

§ 350-29 General.

Nonconformities are of three types: nonconforming lots of record, nonconforming structures and nonconforming uses. A definition of each type is as follows:

A. Nonconforming lot of record: a legally established lot which does not conform to the minimum lot size, lot width, or lot depth requirements of this chapter.

B. Nonconforming structure: an existing structure which does not comply with the height or yard requirements which are applicable to new structures in the zoning district in which it is located.

C. Nonconforming use: an existing use which does not comply with the use regulations of the zoning district in which it is located.

§ 350-30 Nonconforming lots of record.

[Amended 2-17-2015]

The Director of Building and Zoning shall issue a construction permit for a structure or building on a nonconforming lot of record, provided that:

A. Said lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations; and

B. Said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that conformance of such lot has been in nonconformance; and

C. Said structure or building can meet all yard regulations for the district in which it is located; and

D. Said lot can meet the minimum standards for an on-site sewage treatment as required by the McLean County Health Department or can be served by a public sanitary sewerage system.

§ 350-31 Nonconforming structures.

A. Authority to continue. Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be occupied, so long as it remains otherwise lawful.

B. Enlargement, repair, alterations. Any nonconforming structure may be enlarged, maintained, repaired or remodeled; provided, however, no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure; provided, further, that existing manufactured home parks not meeting the requirements of this chapter shall be declared nonconforming and shall not be permitted to add spaces or make any improvements inconsistent with the terms and conditions of this chapter. Ordinary repairs and alterations shall be determined by the Director of Building and Zoning and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such replacement.

C. Damage or destruction. In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 50% of its appraised value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of 50% or less of appraised value, it may be restored to its previous condition; provided, however, that the degree of nonconformity does not increase. No repairs or restoration shall be made unless a construction permit is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

D. Moving. No nonconforming structure shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

E. Conforming uses.

(1) A conforming use located in a nonconforming structure may be expanded within the nonconforming structure in which said use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations conform to all the regulations of the district in which the nonconforming structure is located.

(2) A nonconforming use of a nonconforming structure may be changed to a conforming use in the district in which the nonconforming structure is located.

§ 350-32 Nonconforming uses.

A. Authority to continue. Nonconforming uses will be discontinued under the following circumstances:

[Amended 6-18-2002]

(1) The legal nonconforming status of uses of unimproved lands or lot areas shall cease when the existing rights of the persons in possession are terminated or when the uses to which they are devoted are discontinued. Thereafter, any use of the property that does not conform to this chapter shall constitute a violation of this chapter.

(2) The preexisting legal nonconforming status of uses to which buildings and structures are devoted may continue for five years from January 1, 2003. If these buildings and structures are adaptable to permitted uses they shall be so adapted. Thereafter, if any building which is adaptable to a permitted use is not so adapted, the prior nonconforming use shall cease. Any continued use of a nonconforming building or structure that continues after December 31, 2007, shall constitute a violation of this chapter.

(3) The legal nonconforming status of nonconforming use of buildings and structures shall cease when they are destroyed or damaged in major part; Thereafter, any use of the property that does not conform to this chapter shall constitute a violation of this chapter.

B. Ordinary repair and maintenance.

(1) Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use.

(2) Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.

(3) Ordinary repairs and alterations shall be determined by the Director of Building and Zoning and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such replacement.

C. Extension. A nonconforming use shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activities shall include, without being limited to:

(1) Extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming).

(2) Extension of such use within a structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming); provided, however, that such use may be extended throughout any part of such structure that was lawfully and manifestly designed or arranged for such use on such effective date.

D. Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

E. Structural alterations. No structural alterations shall be made in or to such building or structure all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law.

F. Damage or destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50% of its appraised value, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is 50% or less, no repairs or restoration shall be made unless a construction permit is obtained, and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

[Amended 2-17-2015]

G. Moving. No structure that is devoted in whole or in part to a nonconforming use and no conforming use of land shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning districts in which it is located after being so moved.

H. Change in use. No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

I. Abandonment or discontinuance. When a nonconforming use is discontinued or abandoned for a period of six consecutive months, such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

J. Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

K. Nonconforming residential uses. Notwithstanding the provisions of Subsections C and D, any structure which is devoted to a residential use and which is located in a business or industrial district may be remodeled, extended, expanded, and enlarged; provided that after any such remodeling, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.

§ 350-33 Status of special uses.

A. Status of existing special uses. Where a use exists at the effective date of these regulations and is permitted by these regulations only as a special use in the zoning district in which it is located, such use shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use in such zoning district. Such special use shall not be enlarged or expanded unless a special use permit application is approved as set out in Article VIII of these regulations.

B. Status of future special uses. Any use for which a special use permit has been issued, as provided in these regulations, shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use.