- NONCONFORMING USE SPECIFICATIONS
The lawful use of a building or premises, existing at the time of passage of this ordinance, may be continued although such use does not conform to all the provisions of this ordinance, except as hereinafter provided.
A nonconforming use may be changed to another nonconforming use of the same or lesser restrictions, provided that there are no structural changes made in the building. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed back to a nonconforming use or a less restricted zone.
No building shall be erected upon any premises devoted to a nonconforming use, and no building located upon any such premises, which has been damaged by fire or other causes to the extent of more than fifty (50) percent of the fair market value shall be repaired or rebuilt. "Fair market value" shall be determined by:
a)
The most recent assessment of the property or the building in question by the Assessor of Cook County, Illinois, multiplied by the equalization factor, immediately prior to the fire or other cause of the damage; or
b)
An independent appraisal of the property in its condition just prior to the fire or other cause of damage secured by the owner of the property.
Rebuild letter. In cases where existing residences, located in single-family residential zoning districts, were built on lots which no longer meet some or all of the following requirements: Lot size, minimum above grade floor area, or current building setbacks, the director of community development has the discretion to grant a rebuild letter (permission to rebuild a residence that has been destroyed to more than fifty (50) percent of the fair market value of the residence prior to destruction), when such letter is requested by the owner, lender or appraiser.
(Ord. No. 2021-6, § 1, 10-4-21)
The board of appeals may authorize; by written permit, in a residential district for a period of not more than one (1) year from the date of such permit, a temporary building for commercial or industrial use incidental to the residential construction and development of said district.
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has been diligently prosecuted within ninety (90) days of the date of such permit and which entire building shall be completed according to such plans, as filed within one (1) year from the date of passage of this ordinance.
In the event that a nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located.
The lawful use of land for open storage purposes, which does not conform to the provisions of this ordinance, shall be discontinued within five (5) years from the date of passage of this ordinance, and the use of land for storage purposes, which may become a nonconforming use by reason of an amendment to this ordinance, shall be discontinued within five (5) years from the date of passage of such amendment unless properly screened by planting approved by the president and board of trustees of South Holland. All junkyards, including automobile wrecking, are hereby declared to be nonconforming uses of land and shall be discontinued within five (5) years from the date of passage of this ordinance.
These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this ordinance.
- NONCONFORMING USE SPECIFICATIONS
The lawful use of a building or premises, existing at the time of passage of this ordinance, may be continued although such use does not conform to all the provisions of this ordinance, except as hereinafter provided.
A nonconforming use may be changed to another nonconforming use of the same or lesser restrictions, provided that there are no structural changes made in the building. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed back to a nonconforming use or a less restricted zone.
No building shall be erected upon any premises devoted to a nonconforming use, and no building located upon any such premises, which has been damaged by fire or other causes to the extent of more than fifty (50) percent of the fair market value shall be repaired or rebuilt. "Fair market value" shall be determined by:
a)
The most recent assessment of the property or the building in question by the Assessor of Cook County, Illinois, multiplied by the equalization factor, immediately prior to the fire or other cause of the damage; or
b)
An independent appraisal of the property in its condition just prior to the fire or other cause of damage secured by the owner of the property.
Rebuild letter. In cases where existing residences, located in single-family residential zoning districts, were built on lots which no longer meet some or all of the following requirements: Lot size, minimum above grade floor area, or current building setbacks, the director of community development has the discretion to grant a rebuild letter (permission to rebuild a residence that has been destroyed to more than fifty (50) percent of the fair market value of the residence prior to destruction), when such letter is requested by the owner, lender or appraiser.
(Ord. No. 2021-6, § 1, 10-4-21)
The board of appeals may authorize; by written permit, in a residential district for a period of not more than one (1) year from the date of such permit, a temporary building for commercial or industrial use incidental to the residential construction and development of said district.
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has been diligently prosecuted within ninety (90) days of the date of such permit and which entire building shall be completed according to such plans, as filed within one (1) year from the date of passage of this ordinance.
In the event that a nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located.
The lawful use of land for open storage purposes, which does not conform to the provisions of this ordinance, shall be discontinued within five (5) years from the date of passage of this ordinance, and the use of land for storage purposes, which may become a nonconforming use by reason of an amendment to this ordinance, shall be discontinued within five (5) years from the date of passage of such amendment unless properly screened by planting approved by the president and board of trustees of South Holland. All junkyards, including automobile wrecking, are hereby declared to be nonconforming uses of land and shall be discontinued within five (5) years from the date of passage of this ordinance.
These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this ordinance.