Peotone City Zoning Code
NON-CONFORMING BUILDINGS
AND USES
§ 157.030 CONTINUANCE OF USE.
(A) Any lawfully established use of a building, or land, on the effective date of this chapter or of amendments thereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.
(B) Any legal, nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
(C) Any building for which a permit has been lawfully granted prior to the effective date of this chapter or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within 90 days from the effective date of this chapter and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.
(Ord. 77-08, passed 6-28-77)
§ 157.031 DISCONTINUANCE OF USE.
(A) Whenever any part of a building, structure or land 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 non-conforming use, even though the building may have been originally designed and constructed for the prior non-conforming use.
(B) Whenever a nonconforming use of a building or structure or part thereof has been discontinued for a period of 12 consecutive months or whenever there is evident a clear intent on the part of the owner to abandon a non-conforming use, such use shall not after being discontinued or abandoned be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.
(C) Where no enclosed building is involved, discontinuance of a non-conforming use for a period of six months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.
(D) A nonconforming use not authorized by the provisions of this chapter in effect at the time the amendatory ordinance becomes effective, shall be discontinued and not reestablished, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is then located.
(Ord. 77-08, passed 6-28-77)
§ 157.033 NONCONFORMING LOTS OF RECORD.
(A) In any district in which single-family dwellings are permitted, notwithstanding limitation imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district, providing that yard dimensions and other requirements not involving area or width, or both, shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action by the Zoning Board of Appeals.
(B) If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the land involved shall be considered to be an undivided parcel for the purpose of this chapter and no portion of the parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.
(Ord. 77-08, passed 6-28-77)
§ 157.034 TERMINATION AND REMOVAL OF NONCONFORMING USES, BUILDINGS AND STRUCTURES.
Any structure, all, or substantially all, of which is designed or intended for a use not permitted in the zone in which it is located, shall be removed and its use thereafter cease, or shall be converted to a structure designed or intended for a use permitted in the zone in which it is located in accordance with the following conditions and amortization schedules:
(A) In all residential zones any structure, all, or substantially all, of which is designed or intended for a use permitted only in a commercial or industrial zone, shall be removed, or it shall be altered and converted to a structure designed for a use permitted in the zone in which it is located within six months after the termination of the respective amortization period, as set forth below.
(B) In all commercial zones any structure, all, or substantially all, of which is designed or intended for a use permitted only in residential or industrial zones, shall be removed or shall be altered, remodeled, or converted to a structural design for a use permitted in the zone in which it is located within six months after the termination of the respective amortization period, as set forth below.
(C) In all industrial districts any structure, all, or substantially all, of which is designed or intended for a use permitted only in residential or industrial zones, shall be removed or shall be altered and converted to a structure designed for a use permitted in the zone in which it is located within six months after the termination of the respective amortization period, as set forth below.
(D) The following amortization schedules shall apply:
(1) In cases where the actual cash value, as determined by the official County tax assessment and equalization rate is $15,000 or more the following schedule shall be used in accordance with the types of construction herein specified:
(a) Fire-resistive or mill construction: Forty years from the date of building permit or 20 years from the effective date of this chapter, whichever last occurs.
(b) Ordinary or noncombustible frame construction: Thirty-five years from the date of building permit, or 18 years from the effective date of the zoning ordinance, whichever last occurs.
(c) Wood frame construction. Thirty years from the date of building permit, or 15 years from the effective date of this chapter, whichever last occurs.
(2) In cases where the actual cash value, as determined by the official County Tax assessment and equalization rate, is $5,000 or more but less than $15,000, the schedule shall be 15 years from the date of building permit or ten years from the effective date of this chapter, whichever last occurs.
(3) In cases where the actual cash value, as determined by the official County Tax assessment equalization rate, is less than $5,000, the schedule shall be five years from the date of building permit, or three years from the effective date of this chapter, whichever last occurs.
(4) Any non-conforming use of building or structure having an assessed valuation not in excess of $500 on the effective date of this ordinance shall be removed after two years.
(5) Any nonconforming use of land where no enclosed building is involved or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building shall be removed after a period of two years.
(6) Elimination of nonconforming uses.
(a) In all residential zones any use of a structure, all or substantially all, of which is designed or intended for a use permitted only in a residential zone, but is being used for a use permitted only in a commercial or an industrial zone, shall be terminated within five years of the effective date of this chapter.
(b) In all commercial zones any use of a structure, all, or substantially all, of which is designed or intended for a use permitted only in a commercial zone, but is being used for a use permitted only in a residential or an industrial zone, shall be terminated within ten years of the effective date of this chapter.
(c) In all industrial districts any use of a structure, all, or substantially all, of which is designed or intended for a use permitted only in an industrial district, but is being used for a use permitted only in a residential or a commercial district, shall be terminated within 15 years of the effective date of this chapter.
(d) The nonconforming use of land shall be discontinued and cease three years from the effective date of this chapter in each of the following cases:
1. Where no structures are employed in connection with such uses;
2. When the only structures or other physical improvements are accessory or incidental to such use.
(e) A nonconforming use of land which is accessory to the nonconforming use of the structure shall be discontinued on the same date the non-conforming use of the structure is discontinued.
(f) Improvements underground or substantially at ground level, which comprise all, or substantially all, of the improvements employed in a nonconforming use of land, shall be deemed a non-conforming structure and shall be subject to the applicable provisions of this part.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999
§ 157.035 REPAIRS AND ALTERATIONS.
(A) Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.
(B) No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:
(1) When the alteration is required by law.
(2) When the alteration will actually result in eliminating the nonconforming use.
(3) A building in a residential district containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999
§ 157.036 DAMAGE AND DESTRUCTION.
(A) If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50% or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50% of its replacement value based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existing at the time of such partial destruction.
(B) In either event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999
§ 157.037 ADDITIONS AND ENLARGEMENTS.
(A) A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all regulations of the district in which it is located.
(B) No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.
(C) No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space or any land beyond the boundaries of the zoning lot as it existed on the effective date of this chapter or to displace any conforming use in the same building or on the same parcel.
(D) A building or structure which is nonconforming with respect to yards or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconforming with respect to the bulk regulations of the district in which it is located.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999
§ 157.038 USE DISTRICT CHANGES.
Whenever the boundaries of a use district shall be changed so as to transfer an area from one use district to another use district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
(Ord. 77-08, passed 6-28-77)
§ 157.039 EXEMPTED BUILDINGS, STRUCTURES, LOTS AND USES.
(B) In any residential district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.
(C) In any R-3 District, where a use permitted in the B-1 District occupies ground floor space within a multiple-family dwelling located on a corner lot.
(D) In any business or manufacturing district, where the use is less distant from a residential district than that specified in the regulations for the district in which it is located.
(E) In any district, where an established building, structures or use is non-conforming with respect to the standards prescribed herein for any of the following:
(1) Lot
(2) Yards - front, side, rear or transitional
(3) Off-street parking and loading
(4) Building height
(Ord. 77-08, passed 6-28-77)
§ 157.040 CONVERSION TO SPECIAL USE.
Any nonconforming use may be made a special use by the granting of a special use permit, as authorized in § 157.189.
(Ord. 77-08, passed 6-28-77)
§ 157.050 DISTRICTS.
For the purpose and provisions of this chapter, the village is hereby divided into the following districts:
R-1 | One Family Residence District |
R-2 | One Family Residence District |
R-3 | One Family Residence District |
R4 | General Residence District |
B-1 | Retail Business District |
B-2 | Retail and Service Business District |
B-3 | Auto-Oriented and Service Business District |
O | Office District |
I-1 | Limited Industrial District |
I-2 | General Industrial District |
P | Public District |
(Ord. 77-08, passed 6-28-77)
§ 157.051 MAPS.
The boundaries of the zoning districts are established as shown on the maps entitled "Official Zoning Map of Peotone, Illinois," which map is made a part hereof, and shall have the same force and effect as if the zoning map, together with all notations, references and other information shown thereon were fully set forth and described herein.
(Ord. 77-08, passed 6-28-77)
§ 157.052 DISTRICT BOUNDARIES.
When uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:
(A) District boundary lines are either the center lines of railroads, highways, streets, alleys or easements, or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots, of such lines extended otherwise indicated.
(B) In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center lines of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter-section or division lines, or center lines of streets, highways or railroad rights-of-way unless otherwise indicated.
(C) Where a lot held in one ownership and of record on the effective date of the ordinance is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district, provided that the construction shall not apply if it increases the less restricted frontage of the lot by more than 25 feet.
(Ord. 77-08, passed 6-28-77)
§ 157.053 ZONING OF PUBLIC WAYS.
All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting on such streets, alleys, public ways and railroad rights-of-way or waterways. Where the center line of a street, alley, public way, waterway or railroad right-of-way serves a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.
(Ord. 77-08, passed 6-28-77)
§ 157.054 ANNEXATION.
(A) A petition for annexation to the village may include a request from the petitioner that the land being annexed shall, upon annexation, be zoned other than for single-family residence. Should such a request be contained in the petition, the proper authorities shall refer the matter to the Plan Commission to conduct a public hearing and make their recommendation. Following the recommendation of the Planning Commission, the Board of Trustees shall proceed to take a vote as they normally do in zoning matters and notify the petitioner of the result. The petitioner then may withdraw his petition for annexation or may continue with it if the decision is adverse to his request.
(B) Should no request for zoning other than single-family residence be made, the property upon annexation to the village shall automatically be classified to R-1 One Family Residence.
(Ord. 77-08, passed 6-28-77)