Morton Grove City Zoning Code

CHAPTER 12

15 NONCONFORMITIES

12-15-1: STATEMENT OF PURPOSE

It is the intent of this chapter to provide for the continuation and, under appropriate circumstances, elimination of nonconformities to the requirements of this title or nonconformities to future amendments of this title.

Nonconformity is any characteristic of a structure or lot or parcel of land, the use of which was lawful prior to the date of enactment of this title or any subsequent amendment but that does not currently conform to the requirements of this title.

The lawful issuance of a building permit prior to the dates of this title shall be considered to establish the lawful nonconforming status of any building or structure provided that the work authorized under the building permit is lawfully performed.

The provisions herein are designed to accomplish the intent of this chapter in a way that:

Recognizes the rights and interests of owners of individual properties that have been rendered nonconforming by Village action to upgrade zoning policies and standards;
Permits certain nonconformities to continue until they are removed, but not to encourage their survival;
Minimizes the nuisance, reduction in neighboring property values, and other adverse effects of properties that do not conform to their environs. (Ord. 07-07, 3-26-2007)

12-15-2: NONCONFORMING USES

Nonconforming uses are any activities or functions carried on at premises (as either a principal or accessory use) that are not allowed by the permitted and special uses of the zoning district in which the premises is situated. Nonconforming use shall not be:

Expanded or extended into any other portion of the land or structure in which it is located and is not occupied by the nonconforming use on the date of adoption of this title or by any amendments to this title.
Changed to another nonconforming use.
Structurally altered, with the exception of ordinary repairs including facade treatments and those required by law, as determined by the building commissioner.
Restored or reconstructed if damaged or destroyed if the cost of reconstruction or restoration will exceed fifty percent (50%) of the then current replacement cost of the entire structure.
Continued if damaged or destroyed and if reconstruction or restoration which is less than fifty percent (50%) of the current replacement cost of the entire structure is not initiated within one year from the date of damage or destruction and diligently pursued to completion.
Continued if the use has been discontinued for a period of six (6) consecutive months other than property being restored in accordance with subsection E of this section. All subsequent uses of the land and/or structure shall conform to the use regulations of the zoning district in which the structure is located. (Ord. 07-07, 3-26-2007)

12-15-3: NONCONFORMING USE DUE TO PARKING

Structures which are nonconforming due only to insufficient off street parking in the commercial or manufacturing zoning districts may be occupied by permitted uses in the respective zoning district, provided the use does not require more than one parking space for each two hundred fifty (250) square feet gross floor area. A nonconforming structure or use due only to parking, which exceeds the one space for each two hundred fifty (250) gross square feet of floor area, or which wishes to expand their use, may request a parking variation in accordance with subsection 12-7-3K, "Parking Variations", of this title. (Ord. 07-07, 3-26-2007)

12-15-4: NONCONFORMING STRUCTURES

These provisions shall apply to structures which are occupied by permitted uses or allowable special uses in the zoning district in which they are located, but do not conform to the setback, height, or floor area ratio requirements of the district in which they are located. These provisions also apply to residential structures which were constructed on lots which became nonconforming due to lot width and size, except as noted in Section 12-15-4:A.1., below. These provisions refer to structural nonconformities due to zoning provisions. Structural nonconformities due to building and fire codes must still comply with the provisions regarding nonconformities in those codes specifically.

Continuation And Expansion Of Nonconforming Structures: Nonconforming structures may continue and may be expanded and altered as follows:
1. Administrative Review: Nonconforming structures may be expanded and altered, through an administrative review process, provided that the proposed addition to and/or alteration of the structure meets the following criteria:
  1. The existing lot area and lot width comply with the requirements established in Unified Development Code for the specific zoning district in which the property is located;
  2. The addition to or alternation of the structure does not expand or increase the non-conforming aspect of the structure;
  3. The new addition to and/or alteration of the structure, in and of itself, complies with all the required dimensional controls;
  4. The overall structure and site, with the addition and/or alterations, complies with all the required dimensional controls, with the exception of the existing legal non-conformity, and does not result in the need for any waivers to the dimensional controls or any other relevant development requirement or standard, established within the Unified Development code, including but not limited to parking, landscaping, signage, etc.; and
  5. The existing and proposed use(s) within the structure must be permitted use(s) within the respective zoning district in which the property and structure are located.
2. Zoning Board of Appeals Review: Nonconforming structures, which do not meet the criteria established in 12-15-4:A.1., may be expanded and altered, provided that the expansion or alteration meets the criteria of an authorized variation by the zoning board of appeals, and that the zoning board of appeals finds that an undue hardship is imposed on the owner of the structure and does not adversely affect the adjoining property.
Damage To Nonconforming Structures: If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition immediately prior to the event:
1. Does not exceed fifty percent (50%) of the cost of restoring the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured, reconstruction is initiated within one year from the date of the damage, and such reconstruction is diligently pursued to completion.
2. Exceeds fifty percent (50%) of the cost of restoring the entire structure. The structure shall not be restored unless the structure, as restored, and the use, will thereafter conform to all requirements of the zoning district in which it is located. A nonconforming structure which is a permitted use in a residential district may be restored provided a variation is granted by the zoning board of appeals.
Moving A Nonconforming Structure: A nonconforming structure may not be moved or relocated in whole or in part, unless such move or relocation causes the structure to conform to all regulations of the zoning district in which it is subsequently located. (Ord. 07-07, 3-26-2007)

HISTORY
Amended by Ord. 14-17 on 8/11/2014

12-15-5: NONCONFORMING LOTS

Nonconforming lots of record which do not meet the lot width and/or lot area requirements at the effective date of this title or any subsequent amendment shall be governed by the following provisions:

Nonconforming Lots In Residential Districts: A nonconforming lot of record, recorded prior to August 4, 1959, not meeting the requirements of this title as to lot area or lot width, owned separately and individually from all adjoining tracts of land, may be used for a single-family dwelling providing the zoning board of appeals finds that an undue hardship is imposed on the owner and the use of the nonconforming lot does not adversely affect the adjoining property.
Common Ownership Of Lots Or Parts Of Lots:
1. Where two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of this title or any subsequent amendment, and where the splitting of lots or part of the lots will not meet the requirements established for lot width and lot area, the lots or parts of lots so involved shall be considered to be a single zoning lot for the purpose of this title. No portion of said zoning lot shall be used or sold which would diminish compliance with lot width and lot area requirements as established in this title.
2. Lots or parts of lots resulting from the division of nonconforming lots held in common ownership at the time of or subsequent to the effective date of this title or any subsequent amendment shall not be entitled to building permits as provided elsewhere in this code.
Creation Of A Nonconforming Lot: The creation of a nonconforming lot subsequent to the effective date of this title or any subsequent amendment shall not entitle the owner of such nonconforming lot to a building permit as provided elsewhere in this code. (Ord. 07-07, 3-26-2007)

14-17

Morton Grove City Zoning Code

CHAPTER 12

15 NONCONFORMITIES

12-15-1: STATEMENT OF PURPOSE

Recognizes the rights and interests of owners of individual properties that have been rendered nonconforming by Village action to upgrade zoning policies and standards;
Permits certain nonconformities to continue until they are removed, but not to encourage their survival;
Minimizes the nuisance, reduction in neighboring property values, and other adverse effects of properties that do not conform to their environs. (Ord. 07-07, 3-26-2007)

12-15-2: NONCONFORMING USES

Expanded or extended into any other portion of the land or structure in which it is located and is not occupied by the nonconforming use on the date of adoption of this title or by any amendments to this title.
Changed to another nonconforming use.
Structurally altered, with the exception of ordinary repairs including facade treatments and those required by law, as determined by the building commissioner.
Restored or reconstructed if damaged or destroyed if the cost of reconstruction or restoration will exceed fifty percent (50%) of the then current replacement cost of the entire structure.
Continued if damaged or destroyed and if reconstruction or restoration which is less than fifty percent (50%) of the current replacement cost of the entire structure is not initiated within one year from the date of damage or destruction and diligently pursued to completion.
Continued if the use has been discontinued for a period of six (6) consecutive months other than property being restored in accordance with subsection E of this section. All subsequent uses of the land and/or structure shall conform to the use regulations of the zoning district in which the structure is located. (Ord. 07-07, 3-26-2007)

12-15-3: NONCONFORMING USE DUE TO PARKING

12-15-4: NONCONFORMING STRUCTURES

Continuation And Expansion Of Nonconforming Structures: Nonconforming structures may continue and may be expanded and altered as follows:
1. Administrative Review: Nonconforming structures may be expanded and altered, through an administrative review process, provided that the proposed addition to and/or alteration of the structure meets the following criteria:
  1. The existing lot area and lot width comply with the requirements established in Unified Development Code for the specific zoning district in which the property is located;
  2. The addition to or alternation of the structure does not expand or increase the non-conforming aspect of the structure;
  3. The new addition to and/or alteration of the structure, in and of itself, complies with all the required dimensional controls;
  4. The overall structure and site, with the addition and/or alterations, complies with all the required dimensional controls, with the exception of the existing legal non-conformity, and does not result in the need for any waivers to the dimensional controls or any other relevant development requirement or standard, established within the Unified Development code, including but not limited to parking, landscaping, signage, etc.; and
  5. The existing and proposed use(s) within the structure must be permitted use(s) within the respective zoning district in which the property and structure are located.
2. Zoning Board of Appeals Review: Nonconforming structures, which do not meet the criteria established in 12-15-4:A.1., may be expanded and altered, provided that the expansion or alteration meets the criteria of an authorized variation by the zoning board of appeals, and that the zoning board of appeals finds that an undue hardship is imposed on the owner of the structure and does not adversely affect the adjoining property.
Damage To Nonconforming Structures: If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition immediately prior to the event:
1. Does not exceed fifty percent (50%) of the cost of restoring the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured, reconstruction is initiated within one year from the date of the damage, and such reconstruction is diligently pursued to completion.
2. Exceeds fifty percent (50%) of the cost of restoring the entire structure. The structure shall not be restored unless the structure, as restored, and the use, will thereafter conform to all requirements of the zoning district in which it is located. A nonconforming structure which is a permitted use in a residential district may be restored provided a variation is granted by the zoning board of appeals.
Moving A Nonconforming Structure: A nonconforming structure may not be moved or relocated in whole or in part, unless such move or relocation causes the structure to conform to all regulations of the zoning district in which it is subsequently located. (Ord. 07-07, 3-26-2007)

HISTORY
Amended by Ord. 14-17 on 8/11/2014

12-15-5: NONCONFORMING LOTS

Nonconforming Lots In Residential Districts: A nonconforming lot of record, recorded prior to August 4, 1959, not meeting the requirements of this title as to lot area or lot width, owned separately and individually from all adjoining tracts of land, may be used for a single-family dwelling providing the zoning board of appeals finds that an undue hardship is imposed on the owner and the use of the nonconforming lot does not adversely affect the adjoining property.
Common Ownership Of Lots Or Parts Of Lots:
1. Where two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of this title or any subsequent amendment, and where the splitting of lots or part of the lots will not meet the requirements established for lot width and lot area, the lots or parts of lots so involved shall be considered to be a single zoning lot for the purpose of this title. No portion of said zoning lot shall be used or sold which would diminish compliance with lot width and lot area requirements as established in this title.
2. Lots or parts of lots resulting from the division of nonconforming lots held in common ownership at the time of or subsequent to the effective date of this title or any subsequent amendment shall not be entitled to building permits as provided elsewhere in this code.
Creation Of A Nonconforming Lot: The creation of a nonconforming lot subsequent to the effective date of this title or any subsequent amendment shall not entitle the owner of such nonconforming lot to a building permit as provided elsewhere in this code. (Ord. 07-07, 3-26-2007)

14-17

Morton Grove City Zoning Code

CHAPTER 12

15 NONCONFORMITIES

12-15-1: STATEMENT OF PURPOSE

Recognizes the rights and interests of owners of individual properties that have been rendered nonconforming by Village action to upgrade zoning policies and standards;
Permits certain nonconformities to continue until they are removed, but not to encourage their survival;
Minimizes the nuisance, reduction in neighboring property values, and other adverse effects of properties that do not conform to their environs. (Ord. 07-07, 3-26-2007)

12-15-2: NONCONFORMING USES

Expanded or extended into any other portion of the land or structure in which it is located and is not occupied by the nonconforming use on the date of adoption of this title or by any amendments to this title.
Changed to another nonconforming use.
Structurally altered, with the exception of ordinary repairs including facade treatments and those required by law, as determined by the building commissioner.
Restored or reconstructed if damaged or destroyed if the cost of reconstruction or restoration will exceed fifty percent (50%) of the then current replacement cost of the entire structure.
Continued if damaged or destroyed and if reconstruction or restoration which is less than fifty percent (50%) of the current replacement cost of the entire structure is not initiated within one year from the date of damage or destruction and diligently pursued to completion.
Continued if the use has been discontinued for a period of six (6) consecutive months other than property being restored in accordance with subsection E of this section. All subsequent uses of the land and/or structure shall conform to the use regulations of the zoning district in which the structure is located. (Ord. 07-07, 3-26-2007)

12-15-3: NONCONFORMING USE DUE TO PARKING

12-15-4: NONCONFORMING STRUCTURES

Continuation And Expansion Of Nonconforming Structures: Nonconforming structures may continue and may be expanded and altered as follows:
1. Administrative Review: Nonconforming structures may be expanded and altered, through an administrative review process, provided that the proposed addition to and/or alteration of the structure meets the following criteria:
  1. The existing lot area and lot width comply with the requirements established in Unified Development Code for the specific zoning district in which the property is located;
  2. The addition to or alternation of the structure does not expand or increase the non-conforming aspect of the structure;
  3. The new addition to and/or alteration of the structure, in and of itself, complies with all the required dimensional controls;
  4. The overall structure and site, with the addition and/or alterations, complies with all the required dimensional controls, with the exception of the existing legal non-conformity, and does not result in the need for any waivers to the dimensional controls or any other relevant development requirement or standard, established within the Unified Development code, including but not limited to parking, landscaping, signage, etc.; and
  5. The existing and proposed use(s) within the structure must be permitted use(s) within the respective zoning district in which the property and structure are located.
2. Zoning Board of Appeals Review: Nonconforming structures, which do not meet the criteria established in 12-15-4:A.1., may be expanded and altered, provided that the expansion or alteration meets the criteria of an authorized variation by the zoning board of appeals, and that the zoning board of appeals finds that an undue hardship is imposed on the owner of the structure and does not adversely affect the adjoining property.
Damage To Nonconforming Structures: If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition immediately prior to the event:
1. Does not exceed fifty percent (50%) of the cost of restoring the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured, reconstruction is initiated within one year from the date of the damage, and such reconstruction is diligently pursued to completion.
2. Exceeds fifty percent (50%) of the cost of restoring the entire structure. The structure shall not be restored unless the structure, as restored, and the use, will thereafter conform to all requirements of the zoning district in which it is located. A nonconforming structure which is a permitted use in a residential district may be restored provided a variation is granted by the zoning board of appeals.
Moving A Nonconforming Structure: A nonconforming structure may not be moved or relocated in whole or in part, unless such move or relocation causes the structure to conform to all regulations of the zoning district in which it is subsequently located. (Ord. 07-07, 3-26-2007)

HISTORY
Amended by Ord. 14-17 on 8/11/2014

12-15-5: NONCONFORMING LOTS

Nonconforming Lots In Residential Districts: A nonconforming lot of record, recorded prior to August 4, 1959, not meeting the requirements of this title as to lot area or lot width, owned separately and individually from all adjoining tracts of land, may be used for a single-family dwelling providing the zoning board of appeals finds that an undue hardship is imposed on the owner and the use of the nonconforming lot does not adversely affect the adjoining property.
Common Ownership Of Lots Or Parts Of Lots:
1. Where two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of this title or any subsequent amendment, and where the splitting of lots or part of the lots will not meet the requirements established for lot width and lot area, the lots or parts of lots so involved shall be considered to be a single zoning lot for the purpose of this title. No portion of said zoning lot shall be used or sold which would diminish compliance with lot width and lot area requirements as established in this title.
2. Lots or parts of lots resulting from the division of nonconforming lots held in common ownership at the time of or subsequent to the effective date of this title or any subsequent amendment shall not be entitled to building permits as provided elsewhere in this code.
Creation Of A Nonconforming Lot: The creation of a nonconforming lot subsequent to the effective date of this title or any subsequent amendment shall not entitle the owner of such nonconforming lot to a building permit as provided elsewhere in this code. (Ord. 07-07, 3-26-2007)