Glenwillow City Zoning Code
CHAPTER 1151
Nonconforming Uses, Structures and Lots
1151.01 INTENT.
The purpose of this Chapter is to regulate nonconforming uses, structures, and lots as per the following:
(a) The zoning districts and related standards established by this Zoning Code are designed to guide the future use of land in the Village by encouraging the development of desirable residential, business and industrial areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety and general welfare.
(b) The continued existence of certain nonconformities is frequently inconsistent with the Village's Comprehensive Plan and thus the gradual elimination of such nonconformities is often desirable. Other nonconformities may continue to exist and afford adaptive reuse opportunities that can contribute to neighborhood character, diversity and services.
(c) The regulations of this Chapter are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts as well as to afford opportunities for creative use and reuse of those other nonconformities that contribute to a neighborhood and are consistent with the goals of the Comprehensive Plan.
(Ord. 2016-07-24. Passed 8-3-16.)
1151.02 LAWFUL NONCONFORMANCE.
The provisions of this Chapter shall apply to any building, structure, land, or use that has become nonconforming as a result of the adoption of this Planning and Zoning Code as well as amendments made to this Planning and Zoning Code or the Official Zone Map.
(a) A nonconforming lot, use, building or structure does not include nonconformity with regulations pursuant to a legally granted variance from a zoning regulation.
(b) Ordinary repairs, repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a nonconforming structure or on any portion of a structure that contains a nonconforming use provided that the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.
(c) A zoning certificate shall be required for any change to a nonconforming use/structure/lot beyond ordinary repairs noted in subsection 1151.02(b).
(Ord. 2016-07-24. Passed 8-3-16.)
1151.03 BUILDINGS UNDER CONSTRUCTION.
No change shall be required by this Zoning Code in the plans, construction or designated uses of a building or structure which does not conform to the regulations of this Zoning Code for the district in which its premises are located, provided a building permit was issued and construction on such building or structure was begun before the effective date of this Zoning Code or amendment thereto and completed within six (6) months thereof. For the purposes of this Zoning Code such construction shall be deemed an existing nonconforming use.
(Ord. 2016-07-24. Passed 8-3-16.)
1151.04 NONCONFORMING SINGLE-FAMILY DWELLING AND ACCESSORY USES.
Notwithstanding the provisions in this section to the contrary, a nonconforming residential use shall be governed by the following:
(a) A nonconforming residential use may be expanded, increased or improved regardless of the district in which it is located.
(b) If a nonconforming residential use is damaged or destroyed to any extent, such structure and use may be reestablished on the same lot. Such reestablishment shall require the issuance of a zoning permit.
(Ord. 2016-07-24. Passed 8-3-16.)
1151.05 NONCONFORMING USES.
Where, at the time of passage of any provision of the Zoning Code, a lawful use of land and/or structures exists which would not be permitted by said provision, the use may be continue so long as it remains otherwise lawful, provided:
(a) No additional structure not conforming to the requirements of the Zoning Code shall be erected in connection with such nonconforming use;
(b) Structural alteration or enlargement. No structure containing a nonconforming use shall be structurally altered or enlarged unless the use thereof shall thereafter conform to the regulations of the zoning district in which it is located. No parking, yard, space or bulk nonconformity may be created or increased.
(c) Expansion of use. No use shall be expanded, enlarged or increased in intensity. Such prohibited activity shall include, but shall not be limited to:
(1) Expansion of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this Code, or any amendment hereto which causes such use to become nonconforming.
(2) Expansion of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this Code, or any amendment thereto which causes such use to become nonconforming. Except a nonconforming use located in a structure not designed for any use permitted in the district in which such structure is located may be extended throughout any part of such structure; provided, however, that such expansion shall not be allowed unless off-street parking and loading spaces required for such expansion can be, and are, provided in accordance with the requirements and restrictions of Chapter 1155.
(3) An extension of the hours of operation of such use beyond the normal or previously approved or permitted hours of operation.
(d) Change in use.
(1) A nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the property is located.
(2) A nonconforming use in a structure not designed for a use permitted in the district in which it is located shall not be changed to any use other than a nonconforming use of the same or a more restricted classification and of the same or lesser level of intensity and impact or to a use permitted in the zoning district in which the structure is located.
(3) Once changed to a permitted use or to a more restrictive and less intensive use in accordance with Subsection (d)(1) and (2) above, the use shall not be changed back to the prior nonconforming use. The use is deemed changed when an existing nonconforming use is terminated and a new use commences and continues for a period of seven consecutive days, including any change of use in violation of this subsection.
(e) Moving. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the Planning and Zoning Code.
(f) Damage or Destruction. When a structure is damaged or destroyed by any means, to the extent of more than sixty-six percent (66%) of the area of the structure, as calculated by the Village Engineer utilizing the footprint of the building measured around its perimeter and including all levels of the structure, the structure shall not be restored unless its use thereafter conforms to the use regulations of the zoning district in which it is located.
(g) Abandonment or Discontinuance. If any such nonconforming use is discontinued by the removal of equipment, alteration of fittings or change in the essential purposes of such use or voluntarily discontinued for a period of one year or more, any future use of such land shall be in conformity with the provisions of this Planning and Zoning Code.
(Ord. 2016-07-24. Passed 8-3-16.)
1151.06 NONCONFORMING BUILDINGS AND STRUCTURES.
Where a lawful structure occupied by a use permitted in the zoning district in which it is located exists at the effective date of adoption or amendment of any provision of the Zoning Code that could not be built under the terms of said provision by reason of restrictions on size, height, setbacks, or lot coverage, such structure may be continued so long as it remains otherwise lawful, provided:
(a) No such nonconforming structure may be enlarged, altered, or reconstructed in a way which increases its nonconformity, but any such structure may be altered to decrease its nonconformity, except as otherwise provided below;
(b) Should such nonconforming structure be destroyed by fire or other casualty to an extent of more than sixty-six percent (66%) of the structure, as calculated by the Village Engineer utilizing the footprint of the building measured around its perimeter and including all levels of the structure, the remainder of the building shall be demolished and shall not be reconstructed except in conformity with the provisions of the Zoning Code;
(c) Should the owner of the property intentionally demolish more than fifty percent (50%) of the area of the structure, as calculated by the Village Engineer utilizing the footprint of the building measured around its perimeter and including all levels of the structure, the remainder of the building shall be demolished and shall not be reconstructed except in conformity with the provisions of the Zoning Code;
(d) If a nonconforming structure becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located;
(e) Any structure which is nonconforming solely because of its encroachment in a required setback area may be extended in any lawful manner that does not further encroach in that setback.
(Ord. 2016-07-24. Passed 8-3-16.)
1151.07 NONCONFORMING PARKING FACILITIES.
A building or use existing lawfully at the time this Zoning Code, or an amendment thereto, became or becomes effective, but which does not comply with off-street parking regulations for the district or use in which it is located may continue without such parking facilities. In the event an existing building is altered or a use is changed or substituted in accordance with these regulations, then additional off-street parking spaces shall be provided as required in Section 1155.02.
(Ord. 2016-07-24. Passed 8-3-16.)
1151.08 NONCONFORMING SIGNS.
A sign, lawfully existing at the time this Planning and Zoning Code, or any amendment thereto, became or becomes effective, but which fails to conform to the sign regulations of the district in which it is located is a nonconforming sign. Nonconforming signs shall comply with the regulations set forth in Section 1157.12, Nonconforming Signs.
(Ord. 2016-07-24. Passed 8-3-16.)
1151.09 NONCONFORMING LOTS.
(a) Any lot of record existing at the time of the adoption of any provision of this Zoning Code, which does not meet the requirements of said provision, shall be considered buildable provided that the site plan meets all setback requirements established by the Zoning Code.
(b) No such lot or parcel or portion thereof shall be used or sold in a manner diminishing compliance with lot width and area requirements established by the Zoning Code, nor shall any division be made which creates a lot width or area below the requirements stated in the Zoning Code.
(Ord. 2016-07-24. Passed 8-3-16.)
1151.10 EXISTING USE DEEMED CONDITIONAL USE; PERMIT REQUIRED FOR CHANGE.
Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of a zoning amendment, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conforming use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in ownership shall only be permitted upon review and approval by the Planning Commission according to the procedures for conditional uses set forth in Chapter 1117.
(Ord. 2016-07-24. Passed 8-3-16.)
1151.11 DETERMINATION OF NONCONFORMING STATUS.
At the time of application for a zoning certificate or request for variance regarding a nonconforming lot, building, structure or use, the property owner shall submit sufficient evidence for the Planning Commission to determine that such lot, building, structure, or use was lawfully created or established in accordance with the zoning regulations in existence at that time.
(Ord. 2016-07-24. Passed 8-3-16.)