The lawful use of any building or land existing
on the effective date hereof may be continued even though such use
does not conform to the provisions of this chapter. The following
rules shall be observed as to nonconforming structures and nonconforming
uses.
Any structure or portion thereof declared unsafe
by a proper official authority may be restored to a safe condition.
A nonconforming building may not be reconstructed
or structurally altered during its life to an extent exceeding in
aggregate cost 50% of the fair value of the building unless said building
is changed to a conforming use.
No building damaged by fire, explosion, act
of God or act of the public enemy to the extent of more than 60% of
its fair value, exclusive of the foundation, shall be restored or
rebuilt.
[Amended 11-30-1992 by L.L. No. 10-1992]
A.
A nonconforming use and, except as provided in Subsection B, a nonconforming building shall not be extended, but the extension of such a use to any portion of a nonconforming building which existed prior to the effective date hereof shall not be deemed an extension of such nonconforming use. No nonconforming use, however, shall be extended to displace a conforming use.
Nothing herein contained shall require any change
in plans, structure or designated use of a building for which a building
permit has been heretofore issued, and the construction of which shall
have been diligently prosecuted within 60 days of the date of such
permit, and the ground story framework of which, including the second
tier of beams, shall have been completed within four months of the
date of the permit, and which entire building shall be completed according
to such plans as filed within 12 months from the effective date hereof.
A.
Generally. Whenever a nonconforming use has been discontinued,
abandoned or not used for a continuous period of one year or more,
such use shall not thereafter be reestablished, and future use shall
be in conformity with the provisions of this chapter.
B.
Dwellings. Whenever a frame building or structure
heretofore partially or wholly used or occupied as a dwelling is to
be converted or used for commercial purposes, it shall first be made
to comply with the provisions of the Building Code and fire prevention
regulations of the Village as applied to commercial buildings.[1]
C.
Commercial buildings. When a frame building or structure
located in a business or lesser restricted area and heretofore used
for a commercial use has not been occupied for a period of at least
12 consecutive months, such building or structure shall not again
be occupied or used for a commercial use unless it shall be made to
comply with the provisions of the Building Code and fire prevention
regulations of the Village as applied to commercial buildings.[2]
Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use.
[Amended 8-29-1977 by L.L. No. 14-1977]
Notwithstanding any other provisions of this
chapter, any automobile wrecking yard or other junkyard or any billboard,
nonconforming sign or advertising structure in existence in any residence,
Business A, Business B, Service Business SB or Planned Unit Development
District on the effective date hereof shall, at the expiration of
two years, become a prohibited and unlawful use and shall be discontinued.
Whenever the boundaries of a district shall
be changed so as to change an area from one district to another district
of a different classification, the foregoing provisions shall also
apply to any nonconforming use or building existing therein.
[Added 11-22-1971]
The following regulations shall apply to all
zoning districts within the Incorporated Village of Freeport notwithstanding
any other provisions of this Code of ordinances. The following uses
are permitted in zoning districts to the extent as set forth herein:
A.
The rental of not more than one room for lodging or boarding purposes in any one dwelling unit to not more than one person; provided, however, that such person does not have separate cooking facilities and is not permitted and does not do independent cooking on the premises, which said room and occupancy thereof must comply in all respects with the provisions of Chapter 128, Housing Standards, and Chapter 171, Rooming and Lodging Houses.
B.
The use as permitted in Subsection A hereof, to wit, the rental of not more than one room for lodging or boarding purposes in any one dwelling unit to not more than one person, shall automatically expire and terminate on August 1, 1974, except by special exception of the Board of Zoning Appeals as set forth in Subsection C hereof. Any transfer of title to the property prior to August 1, 1974, shall also automatically terminate such use except by special exception of the Board of Zoning Appeals as set forth in Subsection C hereof.
C.
Upon application of the property owner, a special
exception may be granted by the Board of Zoning Appeals to continue
the rental of not more than one room for lodging or boarding purposes
in any one dwelling unit to not more than one person where it can
be shown to the satisfaction of the Board that irreparable harm will
be done to the owner as a result of such termination. A condition
precedent to the Board's granting this exception is that the owner
must be living in the dwelling. This special exception, if granted
by the Board of Zoning Appeals, shall only be for a period of two
years and may be renewed upon new application of the owner.
