Schiller Park City Zoning Code
ARTICLE IV
NONCONFORMING BUILDINGS, STRUCTURES AND USES
§ 155.401 STATEMENT OF PURPOSE.
This Chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that 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 permitted to continue without restriction. The purpose of this Article IV 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 shall be permitted to continue.
(Ord. 05-2539, passed 10-11-05)
§ 155.402 AUTHORITY TO CONTINUE NONCONFORMING BUILDINGS, STRUCTURES AND USES.
Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this Chapter and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of this Chapter, or of any subsequent amendment thereto, may be continued subject to the regulations which follow. None of the provisions of the Zoning Ordinance as amended pertaining to adult uses shall be construed to permit any use or activities that presently are or in the future may be prohibited by law. [Ord. 94-1867]
(Ord. 05-2539, passed 10-11-05)
§ 155.403 RESTRICTIONS ON NONCONFORMING BUILDINGS, STRUCTURES AND USES.
(A) Continuation of Nonconforming Buildings. Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this Article.
(B) Repairs and Alterations.
(1) 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 pre-ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, except those required by law or except to make the building or structure, an the use thereof, conform to the regulations of the district in which it is located. For the purpose of this Section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutes for, machinery or equipment not involving structural alterations to the building or structure, except as herein provided.
(2) Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended or a use permitted in the district in which it is located, provided such repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.
(C) Additions and Enlargements. A nonconforming building or structure which is nonconforming as to bulk, and is designed or intended for 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, and unless such nonconforming building or structure, including all additions or enlargements thereto, shall conform to the following:
(1) Applicable regulations concerning the amount of lot area provided per dwelling unit, as provided in this Chapter.
(2) The allowable floor area ratio, as provided in this Chapter.
(3) The allowable gross floor area per establishment, as provided in this Chapter.
(D) Relocation of Building or Structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.
(E) Restoration of Damaged Building or Structure Designed or Intended for a Nonconforming Use. A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the cost of the restoration of the entire building new, shall not be restored unless said building or structure, and the use thereof, shall conform to all of the regulations of the district in which it is located.
(1) In the event such damage or destruction is less than fifty percent (50%) of the cost of restoration of the entire building new, no repair or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is completed within one year thereafter.
(2) If the restoration is not started within one year of said calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared by the owner, or at the owner's expense.
(F) Discontinuance of a Nonconforming Use. If the nonconforming use of a building, structure or premises is discontinued for a continuous period of 12 months, it shall not be renewed, and any subsequent use of the building, structure or premises shall conform to the use regulations of the district in which such building, structure or premises is located.
(G) Expansion of a Nonconforming Use:
(1) The nonconforming use of part of a pre-ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in such it is located, may be extended throughout the building or structure in which said use is presently located but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.
(2) 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, nor changed to any other nonconforming use.
(3) The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.
(H) Change of Nonconforming Use.
(1) The nonconforming use of a pre-ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, may be changed to a use allowed in the most restrictive district in which the nonconforming use which presently occupies the building or structure is a permitted or conditional use, or to a use permitted in a more restrictive district. For the purposes of this subsection, the R-1 District shall be considered the most restrictive and the I-2 General Industrial District the least restrictive.
(2) 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.
(3) The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.
(Ord. 05-2539, passed 10-11-05)
§ 155.404 ELIMINATION OF NONCONFORMING USES.
This Section is intended to gradually eliminate inappropriate uses of buildings or structures designed or intended for uses allowed within the district in which they are located, but is not intended to eliminate any use not permitted in the district if such use is appropriate to the design or intent of such building or structure.
(A) In all residence districts any use of a building or structure, all or substantially all of which is designed or intended for a use permitted only in a residential district, but is being used for a use permitted only in a commercial or industrial district, shall be terminated within five years of the effective date of the ordinance of the Village which created or declared the nonconformity.
(B) In all commercial districts any use of a building or structure all or substantially all of which is designed or intended for a use permitted only in a residential or an industrial district, shall be terminated within ten years of the effective date of the ordinance of the Village which created or declared the nonconformity.
(C) In all industrial districts any use of a building or structure all or substantially all of which is designed or intended for a use permitted only in a residential or a commercial district, shall be terminated within 15 years of the effective date of the ordinance of the Village which created or declared the nonconformity.
(D) In all districts any use of a building or structure, all or substantially all of which existed lawfully at the time of these amendments which shall become nonconforming upon the adoption of these amendments to the Zoning Ordinance may be continued as hereinafter provided:
(1) Upon written notice from the Zoning Administrator to the owners or interests therein, that any building, structure, lot or regulated use is nonconforming under the use provisions of the Zoning Ordinance as amended, the owners or interests therein shall, within three months from the date of such notice, apply to the Zoning Administrator for a Certificate of Nonconformance and Amortization Schedule.
(a) Failure to apply for a Certificate of Nonconformance and Amortization Schedule within three months of the notice provided for above, will require the termination of the nonconformance within six months of the date of said notice provided for in this Section.
(b) Nonconformances that have obtained a Certificate of Nonconformance and Amortization Schedule from the Zoning Administrator shall be discontinued within one year of the notice provided for in this Section.
(2) The nonconforming use of land shall be discontinued and cease six months from the effective date of the ordinance of the Village which created or declared the nonconformity in each of the following cases:
(a) Where no buildings or structures are employed in connection with such use.
(b) When the only buildings or structures or other physical improvements are accessory or incidental to such use.
(3) A nonconforming use of land which is accessory to the nonconforming use of building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.
(4) Improvements located underground, or substantially at ground level, which comprise all or substantially all of the improvements employed in a nonconforming use of land, and which have an assessed valuation in excess of $2,000, shall be deemed a nonconforming structure and shall be subject to the applicable provisions of this Article.
(Ord. 05-2539, passed 10-11-05)