A. Established Use: Any lawfully established use of a building or land, on the effective date of this title 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. Legal Building Or Structure: Any legal, nonconforming building or structure may be continued in use except as otherwise permitted herein.
C. Building Permit Lawfully Granted: Any building for which a permit has been lawfully granted prior to the effective date of this title or of amendments thereto, may be completed in accordance with the approved plans, provided construction is started within ninety (90) days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building. (Ord. 0-77-27, 7-18-1977)
5-4-2: DISCONTINUANCE OF USE:
A. Change To Conforming Use: 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 title, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
B. Use Discontinued: Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever it is evident a clear intent on the part of the owner to abandon a nonconforming 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.
Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner. (Ord. 0-77-27, 7-18-1977)
5-4-3: CHANGE TO ANOTHER NONCONFORMING USE:
The nonconforming use of any building, structure or portion thereof, which is designed or intended for a use not permitted in the district in which it is located, may be changed to another nonconforming use only if such other use is authorized by a special use permit as authorized by this title. (Ord. 0-77-27, 7-18-1977)
5-4-4: TERMINATION AND REMOVAL OF BUILDINGS AND STRUCTURES:
A. Damage Or Destruction: If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time, the building or other structure can be rebuilt and/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 fifty percent (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 existed at the time of such partial destruction. All initial determinations regarding this subsection will be made by the zoning administrator.
In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction, and diligently prosecuted to completion.
B. Signs: In any zoning district, all signs made nonconforming by the adoption of this zoning ordinance shall be removed or made conforming not later than ten (10) years after its adoption. (Ord. 0-77-27, 7-18-1977)
5-4-5: REPAIRS AND ALTERATIONS OF BUILDINGS AND STRUCTURES:
A. Normal Maintenance: Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.
B. Structural Alteration: 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 alterations will either result in eliminating the nonconforming use or would not increase the degree and/or extent or its nonconformity.
3. A building in a residential district containing residential nonconforming uses may be altered in any way to improve livability provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building. (Ord. 0-77-27, 7-18-1977)
4. Structural alterations, such as room additions, may be made if the alteration is located in a lot area where it would have been permissible but for some nonconforming aspect of the principal structure. (Ord. 0-03-35, 9-15-2003)
5-4-6: ADDITIONS AND ENLARGEMENTS OF BUILDINGS AND STRUCTURES:
A. Wholly Occupied By Use: A building occupied by a nonconforming use may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.
B. Partially Occupied By Use: 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. Extension Of Use: No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date hereof, or to displace any conforming use in the same building or on the same parcel.
D. Expansion Of Building Or Structure: A nonconforming 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 nonconformity with respect to the bulk regulations for the district in which it is located. (Ord. 0-77-27, 7-18-1977)
5-4-7: CONVERSION TO SPECIAL USE:
Any nonconforming use may be converted to a conforming special use by the granting of a special use permit, as authorized in chapter 10, "Administration And Enforcement", of this title, if such use is a permitted special use in the district in which it is located. (Ord. 0-77-27, 7-18-1977)
Prospect Heights City Zoning Code
CHAPTER 4
NONCONFORMING BUILDINGS, STRUCTURES AND USES
5-4-1: CONTINUANCE OF USE:
A. Established Use: Any lawfully established use of a building or land, on the effective date of this title 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. Legal Building Or Structure: Any legal, nonconforming building or structure may be continued in use except as otherwise permitted herein.
C. Building Permit Lawfully Granted: Any building for which a permit has been lawfully granted prior to the effective date of this title or of amendments thereto, may be completed in accordance with the approved plans, provided construction is started within ninety (90) days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building. (Ord. 0-77-27, 7-18-1977)
5-4-2: DISCONTINUANCE OF USE:
A. Change To Conforming Use: 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 title, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
B. Use Discontinued: Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever it is evident a clear intent on the part of the owner to abandon a nonconforming 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.
Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner. (Ord. 0-77-27, 7-18-1977)
5-4-3: CHANGE TO ANOTHER NONCONFORMING USE:
The nonconforming use of any building, structure or portion thereof, which is designed or intended for a use not permitted in the district in which it is located, may be changed to another nonconforming use only if such other use is authorized by a special use permit as authorized by this title. (Ord. 0-77-27, 7-18-1977)
5-4-4: TERMINATION AND REMOVAL OF BUILDINGS AND STRUCTURES:
A. Damage Or Destruction: If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time, the building or other structure can be rebuilt and/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 fifty percent (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 existed at the time of such partial destruction. All initial determinations regarding this subsection will be made by the zoning administrator.
In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction, and diligently prosecuted to completion.
B. Signs: In any zoning district, all signs made nonconforming by the adoption of this zoning ordinance shall be removed or made conforming not later than ten (10) years after its adoption. (Ord. 0-77-27, 7-18-1977)
5-4-5: REPAIRS AND ALTERATIONS OF BUILDINGS AND STRUCTURES:
A. Normal Maintenance: Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.
B. Structural Alteration: 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 alterations will either result in eliminating the nonconforming use or would not increase the degree and/or extent or its nonconformity.
3. A building in a residential district containing residential nonconforming uses may be altered in any way to improve livability provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building. (Ord. 0-77-27, 7-18-1977)
4. Structural alterations, such as room additions, may be made if the alteration is located in a lot area where it would have been permissible but for some nonconforming aspect of the principal structure. (Ord. 0-03-35, 9-15-2003)
5-4-6: ADDITIONS AND ENLARGEMENTS OF BUILDINGS AND STRUCTURES:
A. Wholly Occupied By Use: A building occupied by a nonconforming use may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.
B. Partially Occupied By Use: 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. Extension Of Use: No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date hereof, or to displace any conforming use in the same building or on the same parcel.
D. Expansion Of Building Or Structure: A nonconforming 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 nonconformity with respect to the bulk regulations for the district in which it is located. (Ord. 0-77-27, 7-18-1977)
5-4-7: CONVERSION TO SPECIAL USE:
Any nonconforming use may be converted to a conforming special use by the granting of a special use permit, as authorized in chapter 10, "Administration And Enforcement", of this title, if such use is a permitted special use in the district in which it is located. (Ord. 0-77-27, 7-18-1977)