Elmwood Park City Zoning Code
SECTION 1410
NONCONFORMING STRUCTURES AND USES
1410.01 Purpose.
The regulations of this section are intended to provide controls over nonconforming structures and uses and to specify those circumstances and conditions under which certain structures and uses which are deemed incompatible with the character of adjacent property in the district in which they are located and with that of the Village as a whole shall be gradually eliminated in accordance with the authority vested in it by the Illinois Compiled Statutes.
1410.02 Authority to Continue Nonconforming Structures and Uses.
Any nonconforming structure or use may be continued subject to the following regulations:
A.
Repairs and Alterations. Normal repairs and improvements may be made to a nonconforming structure, provided that no structural alterations shall be made in or to such structure, all or substantially all of which is designed and intended for a use not permitted in the district in which it is located-except those required by law or to make the structure and use thereof conform to the regulations of the district in which it is located. The extent of normal repairs and improvements shall be determined by the director of code administration.
B.
Enlargement of Nonconforming Structures.
1.
A nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure, except as authorized in subsection B3 of this section.
2.
A structure which is nonconforming only as to bulk may be enlarged for a use permitted in this district, provided such enlargement conforms to the bulk regulations of the district in which it is located and, further, that the enlargement in no way increases the existing nonconformity.
3.
A building or structure which is designed for mixed uses and which contains portions of such structure which are designed for conforming uses but also is nonconforming due to a portion of such structure being designed or intended for a nonconforming use, may undergo structural alterations or enlargement of the conforming portions of said structure only when authorized by the Plan, Zoning and Development Commission after a duly noticed public hearing. Any enlargement or structural alteration of the nonconforming portion shall not be authorized, nor shall the nonconforming use of such structure be expanded or extended in violation of subsection G of this section.
C.
Moving. No structure shall be moved, in whole or in part, to any other location unless every portion of such structure and the use thereof is designed and used or intended for a use permitted in the district to which it is moved, and further, that such structure shall be in conformance with the other regulations of such district.
D.
Restoration of Damaged Nonconforming Structures. A nonconforming structure which is destroyed or damaged by fire, other casualty, act of God or by a public enemy to the extent of 50%, or more, of its cast of restoration to the condition in which it was before the occurrence, shall thereafter conform with the regulations of the district in which it is located. In the event such damage or destruction is less than 50% of its cost of restoration, no repairs or restoration shall be made unless a building permit is secured and reconstruction is started within 180 days from the date of the partial destruction and is diligently prosecuted to completion. Determination of the reproduction value shall be made by the director of code administration.
E.
Discontinuation of Use of Nonconforming Structures. Where the use of a nonconforming structure has ceased by discontinuance or abandonment on the effective date of this comprehensive amendment, or thereafter is abandoned and remains unoccupied or is not used for a continuous period of 180 days, the lot shall not hereafter be improved except by a conforming structure.
F.
Change of Use on Nonconforming Structure. The nonconforming use of a building or structure, all or substantially all of which was designed or intended for a use not permitted in the district in which it is located, shall not be changed to another use except a use permitted in the district in which the building or structure is located.
G.
Change of Nonconforming Use in Conforming Structure. The nonconforming use of a conforming structure may be changed to a use permitted in the district in which the structure is located, or to another more compatible nonconforming use when authorized by the Plan, Zoning and Development Commission.
H.
Transfer of Ownership of a Nonconforming Use.
1.
A nonconforming business or commercial use located in a residential district and existing on the date of this amendment may be transferred to another owner, tenant or licensee without hearing before the Plan, Zoning and Development Commission provided that the use of such property shall thereafter be in conformity with the "permitted uses" as provided in subsection 1407.03A of this appendix for a B-1 district with the exception of the following uses: liquor store, package; restaurants, not including drive-in; restaurants, drive-in; and taverns.
2.
All requests for uses other than those permitted in subsection H1 of this section shall be acted upon by the Board of Trustees only after hearing before the Plan, Zoning and Development Commission. No fee shall be charged a petitioner for hearing before the Plan, Zoning and Development Commission.
I.
Nonconforming Use of Conforming Structures. The existing nonconforming use of a part or all of a conforming structure may be continued subject to the following regulations:
1.
The nonconforming use of a part of a conforming structure shall not be expanded or extended into any other portion of such structure, or the use of such structure, or part thereof, shall not be changed to any other nonconforming use.
2.
If a nonconforming use of such a structure is discontinued, or abandoned for a period of 180 days, it shall not be renewed and any subsequent use of such structure shall conform to the use regulations of the district in which it is located.
3.
The nonconforming use of a single- family residential structure may not be continued after the transfer or conveyance of said property or beneficial interest in said property to another owner, and after such transfer or conveyance, such property may only be used in compliance with the regulations of this comprehensive zoning ordinance (e.g., a single-family residential structure in an R-1 district that had been used prior to 1972 and continuously thereafter as a two-family residence, upon its sale or conveyance of title shall only be permitted to be used as a single- family residence).
J.
Nonconforming Use of Land. The nonconforming use of land, not involving a principal building, may be continued subject to the following regulations:
1.
Such nonconforming use of land shall not be expanded or extended on the effective date of this comprehensive amendment.
2.
If such nonconforming use of land is discontinued for a period of 180 consecutive days, it shall not thereafter be renewed, and any subsequent use of such land shall be by a conforming use.
3.
A nonconforming use of land shall not be changed to another nonconforming use.
4.
Where the nonconforming use of land is accessory to the nonconforming use of a structure, it shall be discontinued on the same date on which the nonconforming use of the structure is discontinued.
5.
The outdoor or exposed storage of construction materials in yards shall be discontinued within 10 years of the effective date of this comprehensive amendment, and within one year such exposure shall be eliminated by fencing or landscape planting.
K.
Condemnation of Nonconforming Structures. The Village, at any time, and from time to time, by ordinance duly enacted may:
1.
Acquire by purchase, condemnation or otherwise any nonconforming structure and all land which is necessary or appropriate for the rehabilitation or redevelopment of the area blighted by such nonconforming structure.
2.
Remove or demolish all such nonconforming 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 regulations of the district in which it is located.
No such acquisition shall be made until such time as the Plan, Zoning and Development Commission, at the request of the Village board, or upon its own initiative, has made a study of the area within which such nonconforming structure is located and has filed a written report on such study with the Village board. |
L.
Nonconforming Due to Amendments. The foregoing provisions of this section shall apply to structures and uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments to this comprehensive amendment. Amortization periods for the discontinuance of land uses as stipulated in this section shall commence on the effective date of the zoning district map amendment.