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