A. This title establishes separate districts, each of which is an appropriate area for the location of the uses, which are permitted in that district. The purpose of this section is to provide for the regulation of nonconforming buildings, structures and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue.
B. The provisions of this section are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of this title and enhance the character of the village. Any nonconforming use, structure, or lot which lawfully existed as of the effective date hereof and any use, structure, or lot which has become nonconforming as a result of the adoption of this title or any subsequent reclassification of zoning districts or other amendment to this title, may be continued or maintained only in accordance with the terms of this chapter.
C. This chapter is intended to regulate and limit the development and continued existence of uses, structures, and lots established prior to the effective date hereof, which do not conform to the requirements herein.
D. For the purpose of this section, a building or structure lawfully constructed or established on the effective date hereof, shall be deemed to include any building or structure for which a building permit has been lawfully issued prior to such date, and on which construction is begun within the required period of time as set forth in this title. (Ord. 2001-08A, 4-2-2001)
10-5-2: CONTINUANCE OF NONCONFORMING USE:
Any nonconforming building, structure or use which existed lawfully at the time of adoption of this title and which remains nonconforming upon the adoption of this title, or of any subsequent amendments thereto, is subject to the regulations which follow. (Ord. 2001-08A, 4-2-2001)
10-5-3: EXPANSION OF NONCONFORMING USE:
The nonconforming use of a part of a building or structure may be expanded within the building or structure in which the use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations, and the use thereof, conforms to all the regulations of the district in which the building or structure is located. (Ord. 2001-08A, 4-2-2001)
10-5-4: CHANGE OF NONCONFORMING USE:
A. A nonconforming use shall not be changed to another nonconforming use, except where an application for such a change has been submitted to and approved by the zoning administrator.
B. Any part of a structure or land occupied by a nonconforming use, which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use. (Ord. 2001-08A, 4-2-2001)
10-5-5: DISCONTINUANCE OR ABANDONMENT OF NONCONFORMING USE:
A. Whenever any part of a structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this title, such premises shall not thereafter be used or occupied by any nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.
B. Whenever a nonconforming use of a structure, or part thereof, has been discontinued for a period of one hundred eighty (180) consecutive days, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued be reestablished, and the use of the premises thereafter shall conform with the use regulations of the zoning district in which it is located. (Ord. 2001-08A, 4-2-2001)
10-5-6: REPAIRS AND ALTERATIONS OF NONCONFORMING STRUCTURES:
A. Repairs may be made to a nonconforming structure, provided that no structural alterations shall be made in or to a structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located. However, structural alterations may be made if they are required by law or are necessary to make the structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this section, ordinary repairs, as determined by the building commissioner, shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement.
B. No structural alterations shall be made in a building or other structure containing a nonconforming use, except in the following situations:
1. When the alteration will result in eliminating the nonconforming use.
2. A structure containing a residential nonconforming use may be altered or enlarged, provided that the enlargement or alteration itself conforms to the requirements of the zoning district, and provided no structural alteration shall be made which would increase the number of dwelling units. (Ord. 2001-08A, 4-2-2001)
10-5-7: ADDITIONS AND EXPANSIONS OF NONCONFORMING STRUCTURES:
A. A building and/or structure which is nonconforming as to lot size requirements or building bulk regulations shall not be added to, expanded, or enlarged unless such addition, expansion, or enlargement conforms to all the regulations of the district in which it is located.
B. No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.
C. A structure which is nonconforming with respect to yards, lot coverage, or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations of the district in which it is located.
D. A nonconforming building or structure which is nonconforming only as to bulk shall be added to or enlarged in any manner unless such additions and enlargements thereto are made to conform to all regulations of the district in which it is located. (Ord. 2001-08A, 4-2-2001)
10-5-8: RESTORATION OF A DAMAGED NONCONFORMING STRUCTURE:
A. A structure which is nonconforming as to lot size requirements or building bulk regulations, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration shall exceed fifty percent (50%) of the value based on the Cook County assessor's records for the entire structure shall not be restored unless such structure and use conforms to the provisions of the zoning district in which it is located.
B. If the cost of restoration of such damaged structure does not exceed fifty percent (50%) of the value based on the Cook County assessor's records for the entire structure no repairs or reconstruction shall be made unless such restoration is commenced within six (6) months from the date of the fire or other casualty or act of God, and is diligently pursued until completion. The structure may be restored to its original condition and the occupancy or use of such structure may be continued which existed at the time of such partial destruction. Failure to initiate or conclude restoration within these limits shall constitute abandonment as defined in section 10-5-5 of this chapter. (Ord. 2001-08A, 4-2-2001)
10-5-9: RELOCATION OF A NONCONFORMING STRUCTURE:
No building or structure shall be moved in whole, or in part, to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located. (Ord. 2001-08A, 4-2-2001)
10-5-10: ACQUISITION OF NONCONFORMING STRUCTURES:
A. The village may at any time, and from time to time, by ordinance duly enacted and in accordance with the authority vested in it by state law1:
1. Acquire by purchase, condemnation or otherwise, any buildings or structures which do not conform to the standards fixed by the village pursuant to state law, and all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures;
2. Remove or demolish all such nonconforming buildings or structures so acquired;
3. Hold and use any remaining property for public purposes;
4. Sell, lease or exchange such property as is not required for public purposes, subject to the provisions of this title or of any amendment hereto.
B. No such acquisition by condemnation shall be made until such time as the planning commission, at the request of the board of trustees or upon its own initiative, shall have made a study of the area within which such nonconforming building or structure is located, and shall have filed a written report on such study with the board of trustees. (Ord. 2001-08A, 4-2-2001)
Broadview City Zoning Code
CHAPTER 5
NONCONFORMING USES AND STRUCTURES
10-5-1: PURPOSE AND SCOPE:
A. This title establishes separate districts, each of which is an appropriate area for the location of the uses, which are permitted in that district. The purpose of this section is to provide for the regulation of nonconforming buildings, structures and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue.
B. The provisions of this section are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of this title and enhance the character of the village. Any nonconforming use, structure, or lot which lawfully existed as of the effective date hereof and any use, structure, or lot which has become nonconforming as a result of the adoption of this title or any subsequent reclassification of zoning districts or other amendment to this title, may be continued or maintained only in accordance with the terms of this chapter.
C. This chapter is intended to regulate and limit the development and continued existence of uses, structures, and lots established prior to the effective date hereof, which do not conform to the requirements herein.
D. For the purpose of this section, a building or structure lawfully constructed or established on the effective date hereof, shall be deemed to include any building or structure for which a building permit has been lawfully issued prior to such date, and on which construction is begun within the required period of time as set forth in this title. (Ord. 2001-08A, 4-2-2001)
10-5-2: CONTINUANCE OF NONCONFORMING USE:
Any nonconforming building, structure or use which existed lawfully at the time of adoption of this title and which remains nonconforming upon the adoption of this title, or of any subsequent amendments thereto, is subject to the regulations which follow. (Ord. 2001-08A, 4-2-2001)
10-5-3: EXPANSION OF NONCONFORMING USE:
The nonconforming use of a part of a building or structure may be expanded within the building or structure in which the use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations, and the use thereof, conforms to all the regulations of the district in which the building or structure is located. (Ord. 2001-08A, 4-2-2001)
10-5-4: CHANGE OF NONCONFORMING USE:
A. A nonconforming use shall not be changed to another nonconforming use, except where an application for such a change has been submitted to and approved by the zoning administrator.
B. Any part of a structure or land occupied by a nonconforming use, which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use. (Ord. 2001-08A, 4-2-2001)
10-5-5: DISCONTINUANCE OR ABANDONMENT OF NONCONFORMING USE:
A. Whenever any part of a structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this title, such premises shall not thereafter be used or occupied by any nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.
B. Whenever a nonconforming use of a structure, or part thereof, has been discontinued for a period of one hundred eighty (180) consecutive days, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued be reestablished, and the use of the premises thereafter shall conform with the use regulations of the zoning district in which it is located. (Ord. 2001-08A, 4-2-2001)
10-5-6: REPAIRS AND ALTERATIONS OF NONCONFORMING STRUCTURES:
A. Repairs may be made to a nonconforming structure, provided that no structural alterations shall be made in or to a structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located. However, structural alterations may be made if they are required by law or are necessary to make the structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this section, ordinary repairs, as determined by the building commissioner, shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement.
B. No structural alterations shall be made in a building or other structure containing a nonconforming use, except in the following situations:
1. When the alteration will result in eliminating the nonconforming use.
2. A structure containing a residential nonconforming use may be altered or enlarged, provided that the enlargement or alteration itself conforms to the requirements of the zoning district, and provided no structural alteration shall be made which would increase the number of dwelling units. (Ord. 2001-08A, 4-2-2001)
10-5-7: ADDITIONS AND EXPANSIONS OF NONCONFORMING STRUCTURES:
A. A building and/or structure which is nonconforming as to lot size requirements or building bulk regulations shall not be added to, expanded, or enlarged unless such addition, expansion, or enlargement conforms to all the regulations of the district in which it is located.
B. No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.
C. A structure which is nonconforming with respect to yards, lot coverage, or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations of the district in which it is located.
D. A nonconforming building or structure which is nonconforming only as to bulk shall be added to or enlarged in any manner unless such additions and enlargements thereto are made to conform to all regulations of the district in which it is located. (Ord. 2001-08A, 4-2-2001)
10-5-8: RESTORATION OF A DAMAGED NONCONFORMING STRUCTURE:
A. A structure which is nonconforming as to lot size requirements or building bulk regulations, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration shall exceed fifty percent (50%) of the value based on the Cook County assessor's records for the entire structure shall not be restored unless such structure and use conforms to the provisions of the zoning district in which it is located.
B. If the cost of restoration of such damaged structure does not exceed fifty percent (50%) of the value based on the Cook County assessor's records for the entire structure no repairs or reconstruction shall be made unless such restoration is commenced within six (6) months from the date of the fire or other casualty or act of God, and is diligently pursued until completion. The structure may be restored to its original condition and the occupancy or use of such structure may be continued which existed at the time of such partial destruction. Failure to initiate or conclude restoration within these limits shall constitute abandonment as defined in section 10-5-5 of this chapter. (Ord. 2001-08A, 4-2-2001)
10-5-9: RELOCATION OF A NONCONFORMING STRUCTURE:
No building or structure shall be moved in whole, or in part, to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located. (Ord. 2001-08A, 4-2-2001)
10-5-10: ACQUISITION OF NONCONFORMING STRUCTURES:
A. The village may at any time, and from time to time, by ordinance duly enacted and in accordance with the authority vested in it by state law1:
1. Acquire by purchase, condemnation or otherwise, any buildings or structures which do not conform to the standards fixed by the village pursuant to state law, and all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures;
2. Remove or demolish all such nonconforming buildings or structures so acquired;
3. Hold and use any remaining property for public purposes;
4. Sell, lease or exchange such property as is not required for public purposes, subject to the provisions of this title or of any amendment hereto.
B. No such acquisition by condemnation shall be made until such time as the planning commission, at the request of the board of trustees or upon its own initiative, shall have made a study of the area within which such nonconforming building or structure is located, and shall have filed a written report on such study with the board of trustees. (Ord. 2001-08A, 4-2-2001)