Blue Island City Zoning Code
NON-CONFORMING BUILDINGS
STRUCTURES AND USES
§ 165.045 PURPOSE.
(A) It is the purpose of this subchapter to provide for the regulation of non-conforming uses, buildings and structures and to specify those circumstances and conditions under which those non- conforming uses, buildings and structures which adversely affect the maintenance, development, use or taxable value of other property in the district in which they are located shall be gradually eliminated in accordance with the authority granted by state law.
(B) This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those non-conforming uses, buildings and structures, which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue indefinitely. It is logical and reasonable, and in accordance with the authority delegated by state law, that a time limit be placed upon the continuance of such existing non-conforming uses, based upon the nature of the use; and in the case of non-conforming buildings and structures, upon their character, age and the investment therein. In such cases, the adoption of a reasonable amortization program permits the owner gradually to make his or her plans during a period when he or she is allowed to continue the non- conforming use of his or her property, thereby minimizing his or her loss, while at the same time assuring the public that the district in which the non- conformity exists will eventually benefit from a substantial uniformity of permitted uses. The use of the term STRUCTURE herein shall include any improvement upon land, other than the land itself, and shall include any sign, whether attached to or upon another structure, or to or upon a building, or whether affixed directly in the ground, and shall include all such signs as are painted or otherwise applied directly upon the surface of a building.
(Prior Code, § 166.050) (Ord. 2151, passed 6-28-1971)
§ 165.046 AUTHORITY TO CONTINUE NON-CONFORMING BUILDINGS, STRUCTURES AND USES.
(A) Any pre-existing non-conforming use, building or structure which existed lawfully at the time of the adoption of this chapter and which remains non-conforming, and any use, building or structure which became non-conforming upon the adoption of this chapter or which will become non-conforming upon the adoption of any amendment thereto, may be continued, some for specified and respective periods of time, subject to the regulations which follow.
(B) Notwithstanding the above division (A), any use that would require a special use permit to operate within that zoning district shall be deemed non-conforming if no special use permit has been obtained. Legally non-conforming uses of this type shall be allowed to continue until there is a change of ownership or, for non-residential properties, tenancy, at which time the new owner or, for non-residential properties, tenant shall apply for a special use permit under § 165.089 of this chapter to become a conforming use. Such special uses shall be granted provided that the special use meets all standards under § 165.089(F) and all violations of building codes discovered during mandatory inspections have been resolved, except that no special use shall be denied solely for non-conformance with the regulations listed in § 165.047(A) of this chapter.
(Prior Code, § 166.051) (Ord. 2151, passed 6-28-1971; Ord. 2024-037, passed 8-27-2024)
§ 165.047 EXEMPTED BUILDINGS, STRUCTURES AND USES.
(A) No building, structure or use lawfully established on the effective date of this chapter shall be subject to the amortization provisions of this subchapter solely by reason of being non-conforming with respect to the standards prescribed in this chapter for any of the following:
(1) Floor area ratio;
(2) Yards: front, side, rear or transitional;
(3) Lot area per dwelling unit;
(4) Building height;
(5) Maximum gross floor area;
(6) Off-street parking and loading spaces; and
(7) Number of employees.
(B) No building, structure or use lawfully established on the effective date of this chapter and located in any commercial or industrial district shall be subject to the amortization provisions of this subchapter, except for a non-conforming use of land. To protect the health and safety of those using the buildings or structures, this provision shall not prevent the city from requiring property owners to repair or modify buildings or structures that are not in compliance with the requirements of this Code, except those standards exempted in division (A).
(C) No residential use lawfully established on the effective date of this chapter shall be subject to the amortization provisions of this subchapter. This provision shall include principal dwelling units, guest houses, and coach houses. For purposes of this section, “coach house” refers to a structure, or part of a structure, that is not the principal dwelling unit and contains exactly one accessory dwelling unit. To protect the health and safety of its residents, this provision also shall not prevent the city from requiring property owners to repair or modify buildings or structures that are not in compliance with the requirements of this Code, except those standards exempted in division (A) above.
(D) Non-conforming signs shall be subject to amortization only as provided in this subchapter, but in all other respects, signs shall be subject to the provisions applicable to non-conforming structures and the use thereof.
(Prior Code, § 166.052) (Ord. 2151, passed 6-28-1971; Ord. 2024-037, passed 8-27-2024)
§ 165.048 BUILDING NOT IN CONFORMANCE WITH DISTRICT REGULATIONS; CONTINUANCE OF.
Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued subject to the provisions of this section.
(A) Repairs and alterations. Ordinary repairs and alterations may be made to a non-conforming building or structure; provided that, no structural alterations shall be made in or to a building or structure all, or substantially all, of which is designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation required such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure except as hereinabove provided.
(B) Additions and enlargements. A non- conforming building or structure which is non- conforming as to bulk, or all or substantially all of which is designed or intended for a use not permitted in the district, in which it is located shall not be added to or enlarged in any manner unless such additions and enlargements thereto are made to conform to all the regulations of the district in which it is located, and unless such non-conforming building or structure, including all additions and enlargements thereto, shall conform to § 165.023 of this chapter.
(C) Moving. No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in whole or part to any other location on the lot unless every portion of such building or structure which is moved and the use thereof is made to conform to all the regulations of the district in which it is located.
(D) Restoration of damaged non-conforming building. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50% of the cost of restoration of the entire building new, shall not be restored unless said building or structure and the use thereof shall conform to all the regulations of the district in which it is located. In the event such damage or destruction is less than 50% of the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from date of the partial destruction and is diligently prosecuted to completion.
(E) Discontinuance of use. A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, which is or hereafter becomes vacant and remains unoccupied or is not used for a continuous period of six months, shall not thereafter be occupied or used, except by a use which conforms to the use regulations of the district in which it is located.
(F) Elimination. Any structure or building, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located shall be removed and its use thereafter cease, or shall be converted to a building or structure designed or intended for a use permitted in the district in which it is located, in accordance with the following amortization schedules:
(1) Under $2,000 assessed valuation of building or structure at effective date of this chapter or when erected, whichever last occurs: five years from the date of adoption of this chapter;
(2) At least $2,000, but not more than $5,000, assessed valuation of building or structure at effective date of this chapter or when erected, whichever last occurs: ten years from the date of adoption of this chapter;
(3) In all residential districts any building or structure, other than those specified in divisions (F)(1) and (F)(2) above, all or substantially all of which is designed or intended for a use permitted only in one of the commercial or industrial districts, shall be removed or it shall be altered and converted to a building or structure designed for a use permitted in the district in which it is located within six months after the termination of the respective period of time set out hereinafter, which periods are hereby established as a reasonable amortization of the normal, useful life of each class of building and type of construction above the foundation walls or piers (when two or more construction types occur in a structure, the least fire-resistant type shall govern as the basis for amortization), as follows:
(a) Fire-resistive construction (that type of construction in which all structural elements including walls, bearing partitions, floors, ceilings and roofs and their support, are of non-combustible materials providing fire resistance as required by the Building Code; except that, subject to the Building Code, combustible material may be used for doors, door frames and bucks, window and window frames, interior trim including grounds and furring, finished flooring and sleepers, frames, platforms and aprons of exterior show windows at street level, handrails, interior wall and ceiling finishes, and roof insulation): 60 years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, or 40 years after the effective date of this chapter, whichever last occurs;
(b) Exterior protected construction (that type of construction in which all exterior walls are non-combustible materials providing fire resistance not less than required in the Building Code; except that, subject to the Building Code, combustible material may be used for doors, door frames and bucks, windows and window frames, interior trim including grounds and furring, finished flooring and sleepers, frames, platforms and aprons of exterior show windows at street level, handrails, interior wall and ceiling finishes, and roof insulation): 50 years from the date of issuance of the building permit for the construction of either the whole structure or the initial part thereof, or 35 years after the effective date of this chapter, whichever last occurs; and
(c) Non-combustible construction (that type of construction in which all structural elements including walls, bearing partitions, floor, ceilings and roofs and their supports are of non-combustible materials, but which are generally not fire-protected except as required in the Building Code, and except that subject to the Building Code, combustible material may be used for doors, door frames and bucks, windows and window frames, interior trim including grounds and furring, finished flooring and sleepers, frames, platforms and aprons of exterior show windows at street level, handrails, interior wall and ceiling finishes and roof insulation); and combustible frame construction (that type of construction in which the structural elements including enclosing walls, are entirely or in part of wood or other materials not more combustible than wood): 40 years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, or 25 years after the effective date of this chapter, whichever last occurs.
(4) Any sign which is located in a residential district and which does not conform to all the regulations of such residential district in which it is located, shall be removed or shall be altered or converted to a sign permitted in the district in which it is located within eight years from the date of adoption of this chapter.
(5) If, prior to the adoption of this chapter, substantially all of a non-conforming building or structure has been reconstructed, rebuilt or structurally altered, or if an addition at least equal in size or assessed value has been structurally attached thereto, the normal useful life of such building is hereby fixed in accordance with the foregoing schedule from the date of the issuance of the building permit for such reconstruction or addition.
(6) Any building or structure which is located in a commercial district, and which is designed or intended for a use permitted only in an industrial district, shall be removed or shall be altered, remodeled and converted for a permitted use within six months after the termination of the normal useful life of such building, which is hereby established in accordance with the respective amortization periods set out in divisions (F)(1), (F)(2) or (F)(3) above.
(7) The non-conforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located and which building or structure is required to be removed or altered, remodeled, or converted by divisions (F)(3) or (F)(6) above shall be terminated and said use shall not be operated on the premises after said building or structure is removed, altered, remodeled or converted.
(8) Where the application of the amortization schedule of divisions (F)(1), (F)(2) or (F)(3) above would cause two or more buildings or structures in common ownership or possession and located upon the same lot or adjoining lots or parcels of land to be removed or reconstructed at different periods, the Planning and Zoning Board of Appeals shall have the authority, upon petition, to extend the amortization period for not more than the longest period permitted one of the buildings or structures.
(G) Condemnation. The city, at any time, and from time to time, by ordinance duly enacted and in accordance with the authority vested in it by state law, may:
(1) Acquire by condemnation of any non- conforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, and all land which is necessary or appropriate for the rehabilitation or redevelopment of the area blighted by such non-conforming building or structure;
(2) Remove or demolish all such non- conforming buildings and structures so acquired;
(3) Hold and use any remaining property for public purposes; and
(4) Sell, lease or exchange such property as is not held for public purposes, subject to the provisions of this chapter, or any amendment hereto.
(Prior Code, § 166.053) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021)
§ 165.049 NON-CONFORMING USE OF BUILDING WHICH IS DESIGNED FOR USE PERMISSIBLE IN DISTRICT.
The lawfully existing non-conforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use which is permitted in the district in which it is located may be subject to the following provisions.
(A) Expansion. The non-conforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be expanded or extended into any other portion of such building or structure.
(B) Discontinuance. If a non-conforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of six consecutive months, it shall not be renewed and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.
(C) Change. No non-conforming use shall be changed to another non-conforming use when such non-conforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.
(D) Elimination.
(1) In all residential districts, any use lawfully existing at the adoption of this chapter but permitted only in the commercial districts or the industrial districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential purpose or for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation within ten years of the effective date of this chapter.
(2) In all commercial districts, any use lawfully existing at the adoption of this chapter but permitted only in an industrial district and located in a building, all or substantially all of which is designed or intended for a use permitted in a commercial district, shall be entirely discontinued and shall thereafter cease operation 15 years from the date of adoption of this chapter.
(3) The non-conforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located and which building or structure is required to be removed or altered, remodeled, or converted by § 165.048(C) or (F) of ths chapter, shall be terminated and said use shall not be operated on the premises after said building or structure is removed, altered, remodeled or converted.
(Prior Code, § 166.054) (Ord. 2151, passed 6-28-1971)
§ 165.050 NON-CONFORMING USE OF LAND.
The non-conforming use of land not involving a structure or building, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, may be continued, subject to the following provisions.
(A) Expansion. A non-conforming use of land shall not be expanded or extended beyond the area it occupies.
(B) Discontinuance. If the non-conforming use of land is discontinued for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located.
(C) Change of use. The non-conforming use of land shall not be changed to any other use, except to a use permitted in the district in which the land is located.
(D) Elimination.
(1) The non-conforming use of land shall be discontinued and cease 11 years from the date of the adoption of this chapter in each of the following cases:
(a) Where no buildings or structures are employed in connection with such use;
(b) Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use or have an assessed valuation of less than $2,000; or
(c) Where such use is maintained in connection with a conforming building or structure; except that inadequate off-street parking facilities used in connection with a building the use of which complies with the requirements of the district in which it is located may be continued for so long as the premises are used for a permitted use.
(2) A non-conforming use of land which is accessory to the non-conforming use of building or structure shall be discontinued on the same date the non-conforming use of the building or structure is discontinued.
(Prior Code, § 166.055) (Ord. 2151, passed 6-28-1971)