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Bloomingdale City Zoning Code

ARTICLE VII

NONCONFORMING USES

Sec. 700.- Prohibition; discontinuance.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. To avoid undue hardship, the lawful use before the enactment of this ordinance may be continued even though such use does not conform with the provisions of this ordinance except that the nonconforming building or land use shall not be:

(a)

Changed to another nonconforming use.

(b)

Reestablished after discontinuance for 60 days or more.

(c)

Repaired, rebuilt, or altered after damage exceeding 50 percent of its replacement cost at the time of destruction. Reconstruction to begin within six months after damage is incurred.

(d)

Enlarged or altered in a way which increases its nonconformity.

(e)

Continued after change of ownership.

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition any building or part thereof declared to be unsafe by any official charged with protecting the public safety or health, upon order of such official.

Notwithstanding other provisions of this ordinance, certain nonconforming land uses, after this ordinance is enacted into law, shall be discontinued, and/or shall be torn down, altered, or otherwise made to conform with this ordinance within the periods of time set forth below. Upon application to the board of appeals, the board, either according to general rule or upon findings in the specific case, may permit not more than one extension for no more than the time indicated.

Notice shall be sent by the building inspector to all nonconforming users stating wherein they do not conform to said ordinance and stating the date by which they must either comply or cease to exist. The date that a nonconforming use must either comply or cease to exist shall be measured from the date of enactment of this ordinance and shall be observed regardless of whether notice of nonconformity is sent by the building inspector or received by the affected owner.

NonconformitiesTo Be Discontinued WithinMaximum Extension That May Be Permitted
Wrecking, junk, scrap, or salvage yards and other open uses of land, signs, outdoor advertising structures, automotive storage and sales lots One year6 months
NonconformitiesTo Be Discontinued WithinMaximum Extension That May Be Permitted
Nonconforming fences, walls, and hedges impeding vision at intersections180 days30 days