Harristown City Zoning Code

ARTICLE VII

Nonconformities

§ 40-7-1 Statement of purpose.

The purpose of this article is to provide for the regulation of lawfully existing nonconforming lots, buildings, structures and uses. It is the intent of this chapter to allow such nonconformities to continue, unchanged, but not to encourage their continuance, until their eventual elimination, either upon the completion of normal useful life or through the process of amortization, in accordance with the authority granted by Section 5/11-13-1 of Chapter 65 of the Illinois Compiled Statutes, 1994.[1]

Editor's Note: See 65 ILCS 5/11-13-1.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and on which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where substantial excavation or demolition or removal of an existing building has begun preparatory to rebuilding, such shall be deemed to be actual construction, provided that work shall be carried on diligently through building construction.

§ 40-7-2 Nonconforming lots of record.

On any lawfully existing lot of record which does not meet the requirements for the district in which it is located, with respect to lot area, width, or depth, principal and customary accessory buildings and structures may be constructed or erected, subject to the following provisions.

Such allowed construction must meet all building bulk limitations and minimum yard requirements as set forth for the district in which such lot is located. Variance of these limitations and requirements shall only be obtained as provided in Article VI.

Where two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the date of this chapter or amendment thereof, and if all or part of the lots do not meet the requirements for lot area, width and depth, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter. No portion of such lot shall be sold or divided in a manner which diminishes compliance with the regulations of this chapter.

§ 40-7-3 Nonconforming uses of land or land with minor structures.

Any lawfully existing use of land, not involving any single structure with a replacement cost exceeding $2,500, which does not conform to the regulations of the district in which it is located may be continued, provided:

Expansion. No such nonconforming use shall be expanded, enlarged or increased so as to occupy a greater area of land (or land and minor structures) than was occupied at the effective date of adoption or amendment of this chapter.

Moving. No such nonconforming use shall be moved, in whole or in part, to any portion of the premises not occupied by such use at the date of adoption or amendment of this chapter, unless such move brings the premises into greater conformity with this chapter.

Construction. Structural alterations, additions and enlargements to the existing minor structures or construction of any new structures shall be prohibited on any tract of land containing such nonconforming use.

Discontinuance. If any such nonconforming use of land is discontinued for a period of six months, for any reason, then any subsequent use of such land shall conform to all the requirements of this chapter for the district in which it is located.

Change in use. Any such nonconforming use of land may be changed to another use, provided that such new use shall be equally or more in conformance with the regulations for the district in which it is located as was the previous use.

[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]

Elimination. Any use of land (or land and minor structures) which lawfully exists at the date of adoption or amendment of this chapter, but which becomes nonconforming by such adoption or amendment, shall cease within five years from the date of adoption or amendment. Any subsequent use shall conform to all requirements of the district in which it is located.

§ 40-7-4 Nonconforming uses of buildings and structures.

Any lawfully existing use of buildings and structures, or land and major structures (where the replacement cost of the structure exceeds $2,500), which use does not conform to the regulations of the district in which it is located may be continued, provided:

Expansion. No such nonconforming use shall be expanded, enlarged, or increased so as to occupy a greater area of the building, structure, or land than was occupied at the effective date of adoption or amendment of this chapter.

Moving. No such nonconforming use shall be moved in whole or in part, to any portion of the premises not occupied by such use at the date of adoption or amendment of this chapter, unless such move brings the premises into greater conformity with this chapter.

Repairs, alterations and construction. Normal repairs and maintenance to buildings and structures containing such nonconforming uses may be made. Structural alterations and construction of additions and enlargements or construction of new structures shall be prohibited until such time as the use of existing structures conforms to the district in which they are located. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety upon order of such official.

Restoration of damaged structures. Any structure containing a nonconforming use which is damaged by any means to an extent of more than 50% of the cost of replacement at the time of damage shall not be restored unless said use of structure shall conform to all the requirements of the district in which it is located. Restoration of damage of 50% or less of the cost of replacement shall be permitted, provided that restoration work starts within 12 months of the date of damage and is diligently continued through to completion. If restoration does not begin within one year of the date of damage, the subsequent restoration shall only be permitted when use of said structure conforms to all the requirements of the district.

[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]

Discontinuance. If any such nonconforming use is discontinued for a period of one year for any reason, then any subsequent use of the premises shall conform to all the requirements of this chapter for the district in which it is located.

Change in use. Any such nonconforming use may be changed to another use, provided that such new use shall be equally or more in conformance with the regulations for the district in which it is located as was the previous use.

Elimination. Any such nonconforming use shall be required to be eliminated subject to the following provisions:

In all residential districts, any nonconforming, nonresidential use which is located in a building, all or substantially all of which was designed or intended for residential purposes, shall be entirely discontinued within five years from the date of adoption or amendment of this chapter.

All other nonconforming uses of structures, or structures and land (where the replacement cost of the structure exceeds $2,500) shall only be required to be eliminated within an amortization period, based on the market value of the structure, which amortization period shall be set at a hearing as provided in § 40-2-12 of this chapter. The amortization period for a structure having a market value not exceeding $5,000 shall be from two to five years. For structures valued over $5,000, the amortization period shall be from five to 25 years. The amortization period begins on the date of the Board of Trustees action setting the actual length of the period.

Failure to entirely discontinue the nonconforming use within the specified time period shall subject the owner and/or operator of the premises to a fine as provided in § 40-1-56(B) or other court action which the Village deems necessary.

[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]

§ 40-7-5 Nonconforming structures.

[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]

Any nonconforming structure, as defined in § 40-10-2 of this chapter, may be continued subject to the following provisions.

Moving. No such nonconforming structure shall be moved, in whole or in part, for any distance for any reason, unless such move brings the premises into greater conformity with this chapter.

Repairs, alterations and construction. Normal repair and maintenance to such nonconforming structures may be made. Structural alterations and construction of additions and enlargements or construction of new structures on the premises shall be prohibited until such alteration or construction decreases the nonconformity of the structure. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

Restoration of damage. Any nonconforming structure which is damaged by any means to an extent of 50% or more of the cost of replacement at the time of damage shall not be restored unless the restored structure shall conform to all the requirements of the district in which it is located. Restoration of damage less than 50% of the cost of replacement shall be permitted provided that restoration work starts within 12 months of the date of damage and is diligently continued through to completion. If restoration does not begin within 12 months of the date of damage, the subsequent restoration shall be permitted unless the restored structure shall conform to all the requirements of the district.

Elimination. Any nonconforming structure shall be required to be eliminated or demolished, or brought into conformity, subject to the following provisions:

Signs, temporary structures, and permanent structures having a replacement cost not exceeding $2,500 shall be required to be eliminated within two years of the date of adoption or amendment of this chapter.

Structures having a replacement cost over $2,500 shall be required to be eliminated within an amortization period, based on the market value of the structure, which amortization period shall be set at a hearing as provided in § 40-2-12 of this chapter. The amortization period for a structure having a market value not exceeding $5,000 shall be from two to five years. For structures valued over $5,000, the amortization period shall be from five to 25 years. The amortization period begins on the date of the Board of Trustees action setting the actual length of the period.

Failure to eliminate or demolish the nonconforming structure or to bring it into conformity within the specified time period shall subject the owner of the premises to a fine as provided in § 40-1-5(B) or other court action which the Village deems necessary.

§ 40-7-6 Continuance by variance.

Nonconformities may be resolved or eliminated by variance granted by the Board of Trustees, after public hearing and recommendation of the Plan and Zoning Commission, as specified in Article VI of this chapter.

Harristown City Zoning Code

ARTICLE VII

Nonconformities

§ 40-7-1 Statement of purpose.

The purpose of this article is to provide for the regulation of lawfully existing nonconforming lots, buildings, structures and uses. It is the intent of this chapter to allow such nonconformities to continue, unchanged, but not to encourage their continuance, until their eventual elimination, either upon the completion of normal useful life or through the process of amortization, in accordance with the authority granted by Section 5/11-13-1 of Chapter 65 of the Illinois Compiled Statutes, 1994.[1]

Editor's Note: See 65 ILCS 5/11-13-1.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and on which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where substantial excavation or demolition or removal of an existing building has begun preparatory to rebuilding, such shall be deemed to be actual construction, provided that work shall be carried on diligently through building construction.

§ 40-7-2 Nonconforming lots of record.

On any lawfully existing lot of record which does not meet the requirements for the district in which it is located, with respect to lot area, width, or depth, principal and customary accessory buildings and structures may be constructed or erected, subject to the following provisions.

Such allowed construction must meet all building bulk limitations and minimum yard requirements as set forth for the district in which such lot is located. Variance of these limitations and requirements shall only be obtained as provided in Article VI.

Where two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the date of this chapter or amendment thereof, and if all or part of the lots do not meet the requirements for lot area, width and depth, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter. No portion of such lot shall be sold or divided in a manner which diminishes compliance with the regulations of this chapter.

§ 40-7-3 Nonconforming uses of land or land with minor structures.

Any lawfully existing use of land, not involving any single structure with a replacement cost exceeding $2,500, which does not conform to the regulations of the district in which it is located may be continued, provided:

Expansion. No such nonconforming use shall be expanded, enlarged or increased so as to occupy a greater area of land (or land and minor structures) than was occupied at the effective date of adoption or amendment of this chapter.

Moving. No such nonconforming use shall be moved, in whole or in part, to any portion of the premises not occupied by such use at the date of adoption or amendment of this chapter, unless such move brings the premises into greater conformity with this chapter.

Construction. Structural alterations, additions and enlargements to the existing minor structures or construction of any new structures shall be prohibited on any tract of land containing such nonconforming use.

Discontinuance. If any such nonconforming use of land is discontinued for a period of six months, for any reason, then any subsequent use of such land shall conform to all the requirements of this chapter for the district in which it is located.

Change in use. Any such nonconforming use of land may be changed to another use, provided that such new use shall be equally or more in conformance with the regulations for the district in which it is located as was the previous use.

[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]

Elimination. Any use of land (or land and minor structures) which lawfully exists at the date of adoption or amendment of this chapter, but which becomes nonconforming by such adoption or amendment, shall cease within five years from the date of adoption or amendment. Any subsequent use shall conform to all requirements of the district in which it is located.

§ 40-7-4 Nonconforming uses of buildings and structures.

Any lawfully existing use of buildings and structures, or land and major structures (where the replacement cost of the structure exceeds $2,500), which use does not conform to the regulations of the district in which it is located may be continued, provided:

Expansion. No such nonconforming use shall be expanded, enlarged, or increased so as to occupy a greater area of the building, structure, or land than was occupied at the effective date of adoption or amendment of this chapter.

Moving. No such nonconforming use shall be moved in whole or in part, to any portion of the premises not occupied by such use at the date of adoption or amendment of this chapter, unless such move brings the premises into greater conformity with this chapter.

Repairs, alterations and construction. Normal repairs and maintenance to buildings and structures containing such nonconforming uses may be made. Structural alterations and construction of additions and enlargements or construction of new structures shall be prohibited until such time as the use of existing structures conforms to the district in which they are located. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety upon order of such official.

Restoration of damaged structures. Any structure containing a nonconforming use which is damaged by any means to an extent of more than 50% of the cost of replacement at the time of damage shall not be restored unless said use of structure shall conform to all the requirements of the district in which it is located. Restoration of damage of 50% or less of the cost of replacement shall be permitted, provided that restoration work starts within 12 months of the date of damage and is diligently continued through to completion. If restoration does not begin within one year of the date of damage, the subsequent restoration shall only be permitted when use of said structure conforms to all the requirements of the district.

[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]

Discontinuance. If any such nonconforming use is discontinued for a period of one year for any reason, then any subsequent use of the premises shall conform to all the requirements of this chapter for the district in which it is located.

Change in use. Any such nonconforming use may be changed to another use, provided that such new use shall be equally or more in conformance with the regulations for the district in which it is located as was the previous use.

Elimination. Any such nonconforming use shall be required to be eliminated subject to the following provisions:

In all residential districts, any nonconforming, nonresidential use which is located in a building, all or substantially all of which was designed or intended for residential purposes, shall be entirely discontinued within five years from the date of adoption or amendment of this chapter.

All other nonconforming uses of structures, or structures and land (where the replacement cost of the structure exceeds $2,500) shall only be required to be eliminated within an amortization period, based on the market value of the structure, which amortization period shall be set at a hearing as provided in § 40-2-12 of this chapter. The amortization period for a structure having a market value not exceeding $5,000 shall be from two to five years. For structures valued over $5,000, the amortization period shall be from five to 25 years. The amortization period begins on the date of the Board of Trustees action setting the actual length of the period.

Failure to entirely discontinue the nonconforming use within the specified time period shall subject the owner and/or operator of the premises to a fine as provided in § 40-1-56(B) or other court action which the Village deems necessary.

[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]

§ 40-7-5 Nonconforming structures.

[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]

Any nonconforming structure, as defined in § 40-10-2 of this chapter, may be continued subject to the following provisions.

Moving. No such nonconforming structure shall be moved, in whole or in part, for any distance for any reason, unless such move brings the premises into greater conformity with this chapter.

Repairs, alterations and construction. Normal repair and maintenance to such nonconforming structures may be made. Structural alterations and construction of additions and enlargements or construction of new structures on the premises shall be prohibited until such alteration or construction decreases the nonconformity of the structure. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

Restoration of damage. Any nonconforming structure which is damaged by any means to an extent of 50% or more of the cost of replacement at the time of damage shall not be restored unless the restored structure shall conform to all the requirements of the district in which it is located. Restoration of damage less than 50% of the cost of replacement shall be permitted provided that restoration work starts within 12 months of the date of damage and is diligently continued through to completion. If restoration does not begin within 12 months of the date of damage, the subsequent restoration shall be permitted unless the restored structure shall conform to all the requirements of the district.

Elimination. Any nonconforming structure shall be required to be eliminated or demolished, or brought into conformity, subject to the following provisions:

Signs, temporary structures, and permanent structures having a replacement cost not exceeding $2,500 shall be required to be eliminated within two years of the date of adoption or amendment of this chapter.

Structures having a replacement cost over $2,500 shall be required to be eliminated within an amortization period, based on the market value of the structure, which amortization period shall be set at a hearing as provided in § 40-2-12 of this chapter. The amortization period for a structure having a market value not exceeding $5,000 shall be from two to five years. For structures valued over $5,000, the amortization period shall be from five to 25 years. The amortization period begins on the date of the Board of Trustees action setting the actual length of the period.

Failure to eliminate or demolish the nonconforming structure or to bring it into conformity within the specified time period shall subject the owner of the premises to a fine as provided in § 40-1-5(B) or other court action which the Village deems necessary.

§ 40-7-6 Continuance by variance.

Nonconformities may be resolved or eliminated by variance granted by the Board of Trustees, after public hearing and recommendation of the Plan and Zoning Commission, as specified in Article VI of this chapter.