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Vernon Hills City Zoning Code

ARTICLE SEVENTEEN

NONCONFORMING STRUCTURES AND USES

Sec. 17.1.- Purpose.

This ordinance establishes separate districts, each of which is an appropriate area for the locations of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts, that nonconforming buildings, structures, and uses not be permitted to continue without restriction. Therefore, the purpose of this article 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.

Sec. 17.2. - Continuance of nonconforming structures and uses.

Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this ordinance, or of any amendment hereto, and which remains nonconforming, and any building, structure or use which became or shall become nonconforming upon the adoption of this ordinance or any amendment hereto, may be continued, subject to the regulations contained in this article.

Sec. 17.3. - Change to conforming use.

The nonconforming use of a building or structure, or portion thereof, may be changed to a use permitted in the district in which the building or structure is located; however, once a use is changed to a conforming use, such building or structure shall not thereafter be used for a nonconforming use or purpose.

Sec. 17.4. - Nonconforming use of structures intended for nonconforming use.

17.4.1. The nonconforming use of any part of a building or structure, all or substantially all of which building or structure is designed or intended for a use not permitted in the district in which it is located, shall not be expanded or extended beyond the area in which it exists.

17.4.2. The nonconforming use of a building or structure, all or substantially all of which was designed or intended for a use not permitted in the district in which it is located, shall not be changed to another use, except a use permitted in the district in which it is located.

17.4.3. Repairs may be made to a building or structure, all or substantially all of which building or structure is designed or intended for a use not permitted in the district in which it is located, provided that no structural alterations shall be made to the building or structure. However, alterations may be made which are required by law or which make the building or structure, or the use thereof, conform to the regulations of the district in which it is located.

17.4.4. Where the cost of restoration of such a building or structure damaged due to fire or other casualty will exceed 50 percent of the total current value, then said building shall not be restored, unless it will conform to all the regulations of the district in which it is located. However, if the damage is less than 50 percent of the current value, the structure may be restored to its original condition and the occupancy may be continued, provided that repair on the damaged structure shall be started within six months from the date of damage and be diligently prosecuted to completion.

17.4.5. If the nonconforming use of such a building or structure is discontinued for a continuous period of two years, 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 or structure is located.

Sec. 17.5. - Nonconforming use of a conforming structure.

17.5.1. The nonconforming use of any 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 beyond the area in which it exists, nor changed to any other nonconforming use.

17.5.2. The nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use, shall not be changed to another use, except a use permitted in the district in which it is located.

17.5.3. Repairs and alterations, including structural changes, may be made to a building or structure in which it is located a nonconforming use, 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, provided such repairs and alterations conform to the regulations of the district in which such building or structure is located.

17.5.4. A nonconforming use of such a building or structure, or portion thereof which is abandoned and remains unoccupied or is not used for a continuous period of six months, shall not hereafter be occupied or used, except by a use which conforms to the use regulations of the district in which it is located.

Sec. 17.6. - Changes to nonconforming structures.

Additions and enlargements to nonconforming buildings or structures, which are nonconforming as to bulk, and are designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are required by law or conform to all of the regulations of the district in which it is located, and shall not be altered or expanded in any manner which would increase the degree or extent of its nonconforming use, with respect to the bulk regulations of the district in which it is located.

Sec. 17.7. - Nonconforming use of land.

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 land, may be continued, subject to the following provisions:

17.7.1. Such nonconforming use shall not be expanded or extended beyond the area it occupies;

17.7.2. If such a nonconforming use of land is discontinued or abandoned for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of such land shall conform to the regulations of the district in which the land is located;

17.7.3. No nonconforming use of land shall be changed to another nonconforming use; and

17.7.4. Where the nonconforming use of land is accessory to the nonconforming use of a building or structure, it shall be discontinued on the same date on which the nonconforming use of the building or structure is discontinued.

Sec. 17.8. - Certificate of nonconformity.

A certificate of nonconformity shall be required of all lawful nonconforming buildings or uses created by the adoption of this ordinance or amendments hereto. Upon notification by the zoning administrator, an application for a certificate of nonconformity for a nonconforming building or use shall be filed with the zoning administrator by the owner or lessee of the nonconforming building, and the zoning administrator shall issue such certificate of nonconformity within ten days of completion and filing of such application. Failure to apply for a certificate of nonconformity for a nonconforming building or use, following notification by the zoning administrator, shall be evidence that such nonconforming building or use was either illegal or did not lawfully exist on the effective date of this ordinance.