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A. Expansion. A nonconforming use of a structure or land cannot be expanded, extended, enlarged, added to or increased in intensity. Such prohibited activity includes additions or enlargements of any structure devoted to a nonconforming use, and any expansion, extension, or relocation of a nonconforming use to any other structure, any portion of the floor area, or any land area currently not occupied by such nonconforming use.
B. Relocation. A nonconforming use of a structure or land cannot be relocated, in whole or in part, to any other structure or location on the same lot. The nonconforming use may be relocated to another structure or lot only if the use conforms to all regulations of the zoning district where it is to be relocated.
C. Change of Use. A nonconforming use can only be changed to a use allowed within the zoning district where it is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that conforms cannot be changed back to a use that is not allowed in the district. A change of use occurs when an existing nonconforming use has been terminated and another use has commenced. In addition, any change in use to a use prohibited by the provisions of this Chapter is deemed to be an abandonment of the previously existing nonconforming use.
D. Abandonment.
1. If a nonconforming use is voluntarily discontinued with an intent not to reestablish the use, such discontinuance shall constitute prima facie evidence that the nonconforming use as been abandoned, and the nonconforming use shall be terminated. Any subsequent use or occupancy of such land or structure must comply with all regulations of the zoning district in which the structure or land is located. Abandonment of a nonconforming use may be established by any positive act indicating such intent, any conscious failure to take necessary measures to resume the nonconforming use, or the discontinuance of the use for the time periods set forth in this Section.
2. If a nonconforming use is discontinued for the time periods in this section, such discontinuance constitutes prima facie evidence that the nonconforming use has been abandoned, and the nonconforming use must be terminated. Any subsequent use or occupancy of such land or structure must comply with all regulations of the zoning district in which the structure or land is located.
3. A period of discontinuance caused by acts of god are not included in calculating the length of discontinuance or abandonment for this section.
4. When a nonconforming use is offered for sale, such sale period is not included in calculating the length of discontinuance for this section so long as all equipment, building design, and similar use infrastructure is maintained in working condition during the sale period. However, when land upon which a nonconforming use is located is offered for sale, but the nonconforming use is not also offered for sale, such sale constitutes prima facie evidence of abandonment of the nonconforming use and the period will be included in calculating the length of discontinuance.
5. The following periods of discontinuance constitute abandonment:
a. Nonconforming use within an enclosed structure. Discontinued or abandoned for 24 months.
b. Nonconforming use on a lot, no structures. Discontinued or abandoned for 90 consecutive days or for a total of six months during any one-year period.
E. Damage or Destruction.
1. In the event that any structure that is devoted in whole or in part to a nonconforming use is structurally damaged or destroyed through no fault of the property owner or tenant, the nonconforming use may be reestablished provided that no new nonconformities are created and the degree of the previous nonconformity is not increased.
2. If the structure containing the nonconforming use is a nonconforming structure, the structure may only be rebuilt, restored, repaired, or reconstructed in accordance with Section 15.1304.
3. However, if a building permit is not obtained within one year of the date of damage or destruction, then the nonconforming use may not be reestablished unless it conforms to all regulations of the zoning district in which it is located, including use. This time period to obtain a building permit may be extended based on evidence showing good reason for the delay.
4. This section does not apply to large stables, which are controlled by Section 15.1303.
(Ord. 885, passed 11-21-2023)
Large stables, as defined in Article 2, previously authorized by special use ordinance, applicable court order, or court approved agreement, adopted and existing prior to November 21, 2023, are allowed to continue subject to these standards of this section.
A. As of November 21, 2023, pursuant to Chapter 12, “Animal Regulations,” of the Mettawa Code of Ordinances, the maximum number of horses allowed in the Village is limited and therefore no new large stables are allowed in the Village.
B. Large stables legally existing as of November 21, 2023 are considered nonconforming uses and allowed to continue as provided in the special use ordinance, applicable court order, or court approved agreement and subject to the provisions of this section. In the case of conflict, the conditions and restrictions of the special use ordinance, applicable court order, or court approved agreement control over the requirements of this section.
C. Large stables and related structures cannot be altered unless:
1. The alteration is necessary and part of the normal care and maintenance or repair of the existing large stable and existing related structures; or
2. The alteration is required by law or is necessary to restore the structure to a safe condition or protect public safety; and
3. The alteration does not enlarge or intensify the existing large stable and/or existing related structures.
D. Improvements allowed by a special use ordinance, applicable court order, or court approved agreement, approved and existing prior to November 21, 2023 may be constructed and used, and a large stable legally established prior to November 21, 2023 may continue to be used subject to the conditions and restrictions of the special use ordinance, applicable court order, or court approved agreement.
E. New improvements may be allowed only by amendment to a special use ordinance and only if the requested amendment does not intensify use of the large stable and/or related structures, or is for public and/or animal safety purposes and within current operational parameters.
F. Unless specifically addressed by a special use ordinance, applicable court order, or court approved agreement, approved and existing prior to November 21, 2023, all large stables must conform to the following standards. Variations to these standards are prohibited.
1. The owner of the premises resides upon the premises.
2. Facilities for horses must meet the following:
a. An inside stall is provided for each horse.
b. Box stalls are available for all horses stabled. Box stalls must be a minimum size of 11.5 feet by 11.5 feet.
c. All stalls must have feeders and water available.
d. At least one working and unexpired fire extinguisher is required for every five horses housed and must be located in the structures where the horses are housed.
3. No more than one horse stall per 40,000 square feet of contiguous lot area is permitted. The maximum number of horses cannot exceed the number of horses approved by the special use. For the purposes of calculation, this may include contiguous land located outside the Village's corporate limits.
4. Stable operations must be conducted as follows:
a. The following are prohibited:
i. Livery stables are prohibited.
ii. Horse shows are prohibited. This prohibition includes exhibitions that may be open to the public of horses, competition between horses and riders in riding, driving, and jumping, at which an entry fee is charged for horses, hay, bedding, stalls, or trailers.
iii. Horse clinics are prohibited. This prohibition includes events at which instruction or coaching in a particular equestrian discipline is given by a professional trainer who is not the large stable's regular and routine trainer, which professional trainer is paid to give instruction to outside horses and/or riders who may trailer into the large stable for instruction and at which auditors may be allowed to watch the clinic for a fee.
iv. Horse demonstrations and exhibitions are prohibited. This prohibition includes events open to the public to a promote a single professional rider and/or trainer or to showcase skills of a breed of horse or exhibit of a discipline of riding such as, but not limited to, dressage, jumping, or breed of horse challenges.
b. Instruction of riders in horsemanship must be by private lessons only, provided, however, that where the nature of instruction requires that other horses and riders be present at the same time, group lessons of up to four riders and horses are permitted.
c. Stalls must be cleaned daily. Manure and used bedding must be removed from the premises on no less than a weekly basis. Each week, between such removal, manure may only be stored in appropriate containers. The containers must be located at least 250 feet from any dwelling not on the lot where the stable is located and 100 feet from any lot line. A pile containing putrescible refuse and/or manure is prohibited and cannot be composted. Spreading of manure is prohibited.
d. Grain and other feeds must be stored to minimize the presence of mice, rats, and other vermin.
(Ord. 885, passed 11-21-2023)
A. Maintenance. Normal maintenance and repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.
B. Structural Alterations. Structural alterations are permitted only in the following situations:
1. When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety.
2. When the alteration will eliminate the nonconformity.
3. When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity. For example, if a structure is nonconforming in terms of the required front setback (i.e., does not meet the required minimum), a rear addition to the structure may be added if it meets all other regulations of the district.
C. Relocation. A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation will make the structure conforming. A nonconforming structure may be relocated to another lot if the structure will conform to all regulations of the zoning district where it is relocated.
D. Damage or Destruction.
1. In the event that any nonconforming structure is damaged or destroyed to the extent of 50% or more of its replacement value at the time, then the structure may not be restored or rebuilt unless the structure, including foundation, conforms to ail regulations of the zoning district in which it is located.
2. When a nonconforming structure is damaged or destroyed to the extent of less than 50% of the replacement value at the time, it may be repaired and reconstructed provided that no new nonconformities are created and that the existing degree of the nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within six months of the date of damage or destruction and the construction completed within one year of the date the permit is issued. In the event that the building permit is not obtained or construction not completed within the timeframes, then the structure cannot be restored unless it conforms to all regulations of the district in which it is located.
3. The replacement value of the structure is based on:
a. Assessed value or an appraisal within the last two years or, if that is not available;
b. The amount for which the structure was insured prior to the date of the damage or destruction: or,
c. An alternative method determined acceptable by the Village.
E. Exemptions. Whenever a lawfully existing structure otherwise conforms to the Chapter regulations but is structurally nonconforming only in the particular circumstances described below, the structure is deemed conforming in regard to that particular element:
1. In any district, when a given single-family dwelling or an accessory structure to a single-family dwelling has met all of the requirements of the district within which it was located at the time it was constructed, and the nonconformity is caused solely by a changed district bulk regulation. However, such building or lot cannot be altered in any way so as to increase the number of dwelling units on the lot and provided further that a minimum of 80,000 contiguous square feet is necessary in the event a horse is stabled on any lot not meeting the minimum lot area requirements of this Chapter.
2. In any nonresidential district, where the existing structure is closer to the lot line of an adjacent residential district than that specified in the regulations for the district in which it is located. This provision applies only to structures that were built in compliance with the Chapter at the time of construction or where a variance was approved. Structures built in violation of the Chapter at the time are not deemed conforming.
3. In any district, an existing building or structure which has been placed on the National Register of Historic Places and/or designated by the Village Board as a Mettawa Landmark or Historic District and is nonconforming in any respect with the standards prescribed in this Chapter.
(Ord. 885, passed 11-21-2023)
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