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A. Extension:
1. A nonconforming use of a building may be extended throughout said building provided no structural alterations are made therein except as required by other codes or ordinances.
2. A nonconforming use of land shall not be expanded or enlarged.
B. Relocation: A nonconforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of passage of this Chapter.
No building or other structure shall be erected, altered, added to, moved, changed in use, or demolished without first securing a permit, unless said activity fits within one of the exemptions set forth in this code. Any property owner or contractor prior to undertaking any type of said activity shall contact the Lanark City Clerk or Police Chief, and provide the details to determine if a permit needs to be issued or whether one of the exemptions not requiring a permit applies.
A. Permit Required. A permit shall be required prior to any construction, reconstruction or alteration of a building where the estimated cost for such work exceeds one thousand dollars ($1000) in combined materials and labor, and the construction, reconstruction or alteration changes the footprint of existing structures. The determination of labor costs pursuant to this provision shall include labor of the homeowner, friends and relatives, to be valued as if such services were obtained from a general contractor or subcontractor.
When an existing building or structure is intended to be torn down and removed in order to replace or to build a new structure, then two (2) permits shall be required. The first shall be a demolition permit to tear down the existing structure, and the second shall be a building permit to reconstruct the new structure. (Ord. 839, 9-2-2008)
Instances where a building permit is required includes but is not limited to the following:
1. The construction of a new building structure.
2. The construction of a new addition to a principal building structure, including but not limited to, room additions, attached garages, carports, roofed or enclosed porches, and other such similar additions.
3. Modification of a building structure for the purpose of changing the use of the structure from that for which it was originally built and intended, such as converting a detached garage to use for residential occupancy, or converting a residential dwelling for use as a storage facility.
4. The construction of any fence or retaining wall.
5. The construction of an inground swimming pool, along with any supporting equipment or structure such as a bathhouse.
6. The construction of any new cement or blacktop driveway.
7. The construction of freestanding solar panels or the attachment of solar panels to an existing structure that alters the dimensions, ie, footprint, of said structure.
B. No Permit Required. Exemptions where no building permit shall be required even when the cost of work exceeds one thousand dollars ($1,000.00) include remodeling and improvements that do not change the footprint or dimension of an existing structure, such as:
1. Any interior remodeling, including electrical, plumbing, mechanical and structural alteration,
2. Addition or replacement of siding, soffit, shudders, spouting, windows or doors.
3. Ordinary structural repairs such as repairing a roof or soffit, or any existing porch, steps, patio, deck, fence or wall, or any other similar structure,
4. Public utility structures and service components having a permanent location either upon or under the ground and used to provide utility services.
5. Swing sets, playhouses, jungle gyms, trampolines and any other related play equipment for children.
6. Garden or retaining walls and fences that are four feet (4') or less in height.
7. Air supported structures, tents, above ground swimming pools, hot tubs and other such similar equipment that can be placed upon the ground or on a cement pad.
8. Antenna, satellite dishes and other similar equipment used to receive or send telecommunication signals.
9. Any inground storage or shelter structure, such as a root cellar, a storm shelter or other similar structure.
Note: Any construction, reconstruction or alteration activity upon a property located with the city of Lanark and not requiring a building permit shall be required to comply with all provisions of the zoning regulations and setback requirements set forth within the ordinances or the City of Lanark. (Ord. 847, 7-6-2009)
C. Permit Fees.
1. Fees for building permits shall be as follows: $25.00 for constructions or reconstructions valued less than $10,000.00. An additional fee of $10.00 is added for every additional $10,000.00 of value. For example, in the event a building is to cost $100,000.00, the fee shall be $25.00 for the first $10,000.00 of value and $10.00 per $10,000.00 for the next $90,000.00 for a total of $25.00 plus $90.00 or $115.00. (All values for fee calculation shall be rounded to the nearest $10,000.)
2. A permit to tear down or remove a structure commonly referred to as a demolition permit shall be issued without the payment of a fee.
3. In the event an applicant has had to apply for a variance or a special use permit prior to receiving a building permit and has paid the fee required for a variance or special use permit, they shall still be required to pay the normal permit fee to be charged for the issuance of a building permit.
4. In the event construction is begun without first obtaining a permit, a permit shall be issued which shall be considered a late permit. The fee for issuing a late permit shall be twice what a normally issued permit would cost under the given circumstances.
D. Application Process. If a permit is required, an application shall be filled out and returned to the City Clerk or Police Chief. The Police Chief will determine whether further investigation of construction, reconstruction or alteration details is necessary, including but not limited to, an inspection of the building site.
The Police Chief will approve, conditionally approve, or deny the permit, or refer said permit application to the Lanark City Council for approval, conditional approval or denial.
When the request for a permit is denied, the Police Chief or Council shall provide the reason(s) for rejection and recommend alternative actions if possible to pursue.
E. Application Exhibits. Each application for a building permit shall be accompanied by the following exhibits unless waived by the Police Chief, and shall additionally be accompanied by the applicable permit fee.
1. Boundary survey of an area including the property in question and one hundred feet (100') beyond its outer boundaries showing existing utilities, lot boundaries and dimensions, buildings and easements, Foliage, topography, waterways and soil borings to be included if pertinent.
2. Plot plan indicating location, size and placement of proposed structure and yards, parking and loading facilities, vehicular access and egress and utility plan including surface drainage. (Ord. 735, 3-7-2000)
F. Receipt of Permit. Once a permit is issued, it shall be valid for one year from the date of issue. In the event that exceptional and uncontrolled delays occur and more time is needed to complete work on a permit, an extension of time may be requested and granted by the Police Chief or Council.
Upon receipt of a building permit, the owner of the property on which the building permit is issued shall prominently display said permit during the construction. Permit shall be placed in a plastic covering or behind a window, protected from weather, along the periphery of the property where it can be viewed. (Ord. 659, 3-15-1994)
G. Violations and Penalties. In the event the City Council, City Clerk, or any employee of the City is provided with evidence indicating that a violation of these provisions have taken place, the Police Chief shall undertake the following:
1. Notify the property owner of a violation by personal service or by certified mail indicating that a late permit must be acquired within ten (10) days of the date of said letter.
2. In the event the property owner or person undertaking the work including contractors, builders, etc., contacts the City Clerk or Police Chief and obtains the necessary late permit, the matter shall be considered concluded.
3. In the event the property owner or person undertaking the work ignores the notification and does not obtain a late permit, the City shall file a complaint in circuit court alleging a violation of the zoning ordinance. In addition to obtaining a fine, an injunction stopping work may be granted.
4. Any person found violating the terms of this chapter, be they a property owner, a contractor, or builder, or any person undertaking any type of work or activity In violation shall be liable to a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) per occurrence, and/or imprisonment of not more than ninety (90) days for each offense. Each day a violation is permitted to exist shall constitute a separate offense.
5. Owners of property together with all persons hired to work on the property including contractors, builders, etc., shall be liable to the terms of this chapter and may be found to be in violation of said chapter. (Ord. 735, 3-7-2000; amd. Ord. 1005, 8-6-2024)
Variations from the provisions of this chapter may be granted by the Lanark City Council where practical difficulties or unusual hardships in complying with such provisions are determined to exist.
A. Standards For Granting Variances.
1. Because of the particular physical surroundings, shape or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.
2. The conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought and one not applicable, generally, to other property with the same zoning classification.
3. The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land.
4. The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land.
5. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located.
6. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.
Note: A variance shall not be granted for the purpose of permitting a new or different use of a property than what is permitted under its current zoning designation. EG., a variance shall not be granted to permit a commercial use of property zoned residential. Anyone seeking to change the use of a property from what it is zoned shall proceed under section 10-12-3: Special Uses or 10-13-4: Amendment/Rezoning.
B. Application Process.
1. The property owner shall meet with the City Clerk or Police Chief to explain his situation, learn the procedures and obtain an application form. (1982 Code)
2. The applicant shall file the completed application form together with the boundary survey and plot plan as required for building permits unless waived by the Police Chief, and shall pay a filing fee of one hundred fifty dollars ($150.00), (Ord. 891, 8-5-2014)
3. The City Clerk shall transmit the application to the City Council, and the Council shall determine the time and place for a required public hearing.
4. The City Clerk shall give notice of the scheduled public hearing to all property owners within two hundred fifty feet (250') of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.
5. The City Council shall hold the public hearing within forty five (45) days of filing and shall take one of three (3) actions - approval, denial or conditional approval. (Ord. 1005, 8-6-2024)
A special use permit may be granted by the City Council that will permit a property owner to use a property inconsistent with said property's zoning designation. Special use permits may be revoked by the Council at any time and do not attach to the property. IE, when the property is conveyed to a new owner, the special use permit is no longer valid. A new owner wishing to continue said use must reapply for a special use permit for the property.
A, Standards For Granting Permits.
1. The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.
6. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
B, Application Process.
1. The applicant shall file the completed application form together with the boundary survey and plot plan as required for building permits unless waived by the Police Chief, and shall pay a filing fee of one hundred fifty dollars ($150.00).
2. The applicant shall provide a Petition of property owners within two hundred fifty feet (250') of the property in question showing fifty percent (50%) of such owners favoring the proposal.
3. The City Clerk shall transmit the application to the City Council, and the Council shall determine the time and place for a required public hearing.
4. The Clerk shall give notice of the public hearing to all property owners within two hundred fifty feet (250') of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.
5. The City Council shall hold the public hearing within forty-five (45) days of filing and shall take one of three (3) actions - approval, denial or conditional approval.
Note: When a special use permit has been issued, such permit shall become null and void unless work thereon commences within one year of receipt of such special use. A special use permit authorizes only one particular use and expires if that use ceases for more than twelve (12) consecutive months. (1982 Code; amd. Ord. 1005, 8-6-2024)
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