Homer Glen City Zoning Code
ARTICLE XI
Nonconforming Buildings, Structures, and Uses
§ 220-1101 Purpose.
A.
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 may be continued.
B.
This chapter establishes separate zoning districts, each of which is an appropriate area for the location of the uses which are permitted in that zoning district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be continued without restriction.
§ 220-1102 Nonconforming buildings and structures.
Any nonconforming building or structure which existed lawfully at the time of the adoption of this chapter and which remains nonconforming, and any such building or structure which shall become nonconforming upon the adoption of this chapter or of any subsequent amendment thereto, may be continued only in accordance with the regulations which follow.
A.
Repairs and alterations. Normal maintenance of a nonconforming building, structure, or use is permitted, including necessary nonstructural repairs, and incidental alterations that do not extend or intensify the nonconforming building, structure, or use may be made in accordance with the following:
(1)
Building or structure designed or intended for a nonconforming use.
(a)
Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure 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 when those structures, and uses thereof, conform to the district in which it is located, or unless a variance has been obtained in a manner described in § 220-1106. For the purpose of this section, repairs shall include items not involving structural alterations to the building or structure, except as herein provided.
(b)
No structural alteration or structural repair shall be made in a nonconforming building, structure, or use except in the following situations:
[1]
When the alteration is required by law.
[2]
When the alteration will result in the elimination of the nonconforming use.
[3]
When a structure is on a residential zoning lot containing residential nonconforming structures, said structure may be altered to improve livability, provided that no structural alterations will increase the number of dwelling units or the bulk of the structure.
(2)
Building intended for a permitted use. Ordinary repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations, or structural changes conform to the regulations of the district in which said building or structure is located.
B.
Additions and enlargements. A nonconforming building or structure which is nonconforming as to bulk, and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located; or unless a variance has been obtained in a manner described in § 220-1106.
C.
Relocation of building or structure. 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 in part to any other location unless every portion of such building or structure is moved and the use thereof is made to conform to all regulations of the district in which it is to be located.
D.
Abandonment of use of nonconforming building or structure. 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, and which is abandoned as of the effective date of this chapter, or thereafter becomes abandoned, 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. However, to constitute an abandonment, it must appear that there is an intent to abandon, and mere cessation or discontinuance of use will not, per se, result in a loss of the right to resume such nonconforming use.
E.
Expansion of use in nonconforming building or structure. The nonconforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located; however, no changes or alterations may be made to nonconforming structures unless the changes or alterations conform to all the regulations of the district in which the building or structure is located.[1]
F.
Restoration of damaged nonconforming building or structure.
(1)
In the event that a nonconforming building or structure is destroyed or damaged by any means to the extent that the cost of restoration equals or exceeds 50% of its equalized assessed value prior to said destruction, the building or structure shall be rebuilt according to the provisions of the zoning district in which it is located.[2]
(2)
In the event that the cost of reconstruction caused by damage or destruction is less than 50% of the equalized assessed value of the entire building prior to said destruction, no repairs or reconstruction shall be made unless such restoration is started within six months from the date of partial destruction (unless an extension is granted by the Village Board), and is completed within one year thereafter. If the restoration is not started within six months of said calamity and diligently progressed to completion, the building or structure shall be removed and the area cleared by the owner, or at the owner's expense.
G.
Change to a conforming use. Wherever all or any part of a building or structure occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use.
§ 220-1103 Nonconforming use of conforming building or structure.
The lawfully existing nonconforming use of a part of or all of a building or structure, all or subsequently all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued, subject to the following provisions:
A.
Expansion of nonconforming use. The nonconforming 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, shall not be expanded or extended into any other portion of such building or structure.
B.
Abandonment. If a nonconforming 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 abandoned, 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. However, to constitute an abandonment, it must appear that there is an intent to abandon such nonconforming use. Time in itself is not an essential element of abandonment, and mere cessation or discontinuance of use will not, per se, result in a loss of the right to resume such nonconforming use.
C.
Change to another nonconforming use. No nonconforming use shall be changed to another nonconforming use when such nonconforming 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.
Change to a conforming use. Whenever all or any 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, is occupied by a nonconforming use and is subsequently changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use.
§ 220-1104 Nonconforming use of land.
A.
Expansion. A nonconforming use of land shall not be expanded or extended beyond the area it occupies.
B.
Abandonment. If a nonconforming 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 abandoned, 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. However, to constitute an abandonment, it must appear that there is an intent to abandon such nonconforming use. Time in itself is not an essential element of abandonment, and mere cessation or discontinuance of use will not, per se, result in a loss of the right to resume such nonconforming use.
C.
Change to a conforming use. Wherever a nonconforming use of land is changed to or replaced by a conforming use of land, such premises shall not thereafter be used or occupied by a nonconforming use.
§ 220-1105 Existing special uses.
Where a use is classified as a special use under this chapter and exists as a special use or permitted use or a legal nonconforming use at the date of the adoption of this chapter, or exists as a legal use under a court decree at the date of the adoption of this chapter, then such use shall be deemed to be a legal special use under this chapter, and a special use permit and a certificate of occupancy shall be issued for such use without the necessity for a public hearing or other compliance with the provisions of this chapter relating to the granting of special use permits.
§ 220-1106 Variances for nonconforming buildings, structures, lots or uses. [1]
Variances for existing nonconforming buildings, structures, lots or uses may be reviewed and granted by the Village Board, after a public hearing by the Plan Commission. Review of variance applications for nonconforming buildings, structures, lots or uses shall be made in accordance with the standards for variance application review set forth in § 220-1207. Variances may be granted only within the following parameters:
§ 220-1107 Nonconforming lots of record.
An individual lot of record in existence at the time of the adoption of this chapter which can fulfill at least 80% of the required lot area and at least 80% of the required lot width may be developed for a use permitted within the zoning district in which the lot is located, provided that it can be developed in full compliance with the yard requirements. Otherwise, an individual lot of record in existence at the time of the adoption of this chapter which is unable to meet the requirements as to lot area, lot width and yard requirements can be developed only after a variance is granted.
§ 220-1108 Developments as legal nonconforming use.
[Amended 9-9-2008 by Ord. No. 08-048]
All buildings constructed hereafter, all uses of land or buildings established hereafter and all structural alterations or relocations of existing buildings occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located except for those lots of record in all residential districts, except the E-1 and E-2 Districts, existing at the time of adoption of this chapter, which shall continue to be subject to the regulations of the Zoning Ordinance adopted November 2006 and shall not be subject to the side yard or minimum lot size regulations of this chapter for a period of 12 years after the effective date of this chapter. All existing and proposed accessory uses and buildings shall be subject to all regulations of this chapter which are applicable to the zoning district in which such accessory uses and buildings shall be located, regardless of when the lot in which the accessory uses or buildings are located was first platted.