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Woodridge City Zoning Code

CHAPTER 9

NONCONFORMITIES

9-9-1: HOW TO USE THIS CHAPTER:

When properties are first established as part of a subdivision or otherwise created, they must meet the zoning standards in place at that time. Similarly, the structures built on those properties must meet “bulk standards” related to setback and height. Finally, the uses of those properties must meet the standards of the zoning ordinance. Over time it is possible that changes made to the zoning ordinance will make a property no longer in compliance with the zoning standards. This is known as becoming “nonconforming.” It is also possible that a property can change, as when a portion of the property is acquired by a government agency for a public purpose. The intent of the zoning code is to allow nonconforming uses, properties, or structures to remain and be used as when they were established. It is also possible to maintain and even expand some aspects of the use or building, so long as the nonconformity is not expanded. This section spells out the details of these situations. (Ord. 2024-6, 3-7-2024)

9-9-2: STATEMENT OF PURPOSE; DETERMINATION OF NONCONFORMING STATUS:

   A.   The purpose of this section is to provide for the regulation of nonconforming buildings, structures, lots, and uses thereof, and to specify those circumstances and conditions under which those nonconforming lots shall be used and those nonconforming buildings, structures, and uses shall be gradually eliminated upon reaching the end of their respective normal useful life, in accordance with the authority, set forth in Section 11-13-17 of the Illinois Municipal Code, 65 ILCS 5/11-13-17, as may be amended from time to time.
   B.   In accordance with the provisions of this Section, it is hereby declared to be the intent of the village to eliminate nonconforming buildings, structures, uses, and wherever possible, nonconforming lots of record.
   C.   The burden of proving that a nonconformity exists, as opposed to a violation of this chapter, rests entirely with the property owner. However, the zoning officer will maintain a current inventory of all known nonconforming lots, buildings, structures, and uses within the village, including those created after the adoption of any partial or comprehensive amendment to this chapter.
   D.   The zoning officer is authorized to determine whether adequate proof of nonconforming status has been provided by the property owner.
   E.   Building permits, lawfully recorded plats, aerial photography owned by the village and other official government records that indicated lawful establishment of the lot, building, structure or use constitute conclusive evidence of nonconforming status. If such forms of conclusive evidence are not available, the zoning officer is authorized to consider whether other forms of evidence provided by the property owner are reliable and adequate to document nonconforming status. Examples of evidence that may be considered include, but are not limited to, utility billing records and leasing records. (Ord. 2024-6, 3-7-2024)

9-9-3: NONCONFORMING LOTS OF RECORD:

   A.   Contiguous nonconforming lots in single ownership.
      1.   When two (2) or more contiguous lots, or a combination of contiguous lots and portions of lots, are under single ownership, and if all or part of the lots do not meet the requirements for lot width and area for the zoning district in which they are located, the land involved will be considered to be an undivided parcel for the purpose of this chapter. No portion of this undivided parcel will be used or sold which does not meet lot width and area requirements for the zoning district in which the undivided parcel is located, nor shall any division of the undivided parcel be made which creates any lot width or area below the requirements for the zoning district in which they are located.
      2.   The consolidation of nonconforming lots in single ownership required under this Subsection 9-9-3 A. must follow the requirements for preparing and obtaining approval of subdivision plats set forth in Chapter 3 of the Subdivision Regulations Ordinance for the Village of Woodridge, Illinois (1976), as amended. A plat consolidating nonconforming lots in single ownership will be recorded in the office of the county recorder where the consolidated lots are located. The owner will be solely responsible for the cost of recordation.
      3.   The provisions for consolidation of lots in single ownership under this Subsection 9-9-3 A. will not be required unless and until the owner of contiguous nonconforming lots files any application required under this chapter or Titles 8 or 10 of the Woodridge Village Code, as amended. Except that lot consolidations are not required for fences, patios, decks, stoops, or accessory structures under two hundred and fifty (250) square feet.
   B.   Single lots or parcel of land. When any single lot or parcel of land does not meet the requirements for lot width and area for the zoning district in which it is located, it shall be used only in accordance with the following requirements.
      1.   In any district in which single-family, two-family or three-family dwellings are permitted, said buildings or structures and permitted accessory buildings may be erected on a nonconforming lot. However, lot area, widths, and yard requirements shall be not less than eighty percent (80%) of the minimum required dimensions for the zoning district in which the single lot or parcel is located. Any greater reduction than twenty percent (20%) shall be obtained only through action by the Plan Commission (see section 13.09 of this chapter).
      2.   In any district in which multiple-family dwellings or nonresidential buildings or structures are permitted, these buildings or structures and permitted accessory buildings may be erected on a nonconforming lot. However, lot area, width, and yard requirements shall be not less than ninety percent (90%) of the minimum required dimensions for the zoning district in which the single lot or parcel is located. Any greater reduction than ten percent (10%) shall be obtained only through action by the Plan Commission (see section 13.09 of this chapter).
      3.   Use district changes. The provisions in this Section 9-9-3 shall also apply to any lots made nonconforming by any change in the boundary of a zoning district. (Ord. 2024-6, 3-7-2024)

9-9-4: CONTINUANCE OF NONCONFORMING BUILDINGS, STRUCTURES, AND USES:

Any nonconforming building, structure, or use which existed lawfully at the time of the effective of this chapter and which remains nonconforming and any building, structure, or use which shall become nonconforming upon the adoption of this chapter or of any subsequent amendment to this Code, may be continued, some indefinitely, others for specified and respective amortization periods, subject to the following regulations:
   A.   Exempted Buildings, Structures, and Uses.
      1.   No building, structure, or use lawfully established on the effective date of this chapter shall be subject to the amortization provisions of this section 9-9-4 solely by reason of being nonconforming with respect to the bulk and other standards prescribed in this chapter for any of the following:
         (1)   Floor area ratio;
         (2)   Yards, front, interior side, exterior side, or rear;
         (3)   Lot area per dwelling unit;
         (4)   Lot width;
         (5)   Gross floor area;
         (6)   Building height; or
         (7)   Off-street parking or off-street loading spaces.
      2.   No dwelling lawfully existing on the effective date of this chapter shall be subject to the amortization provisions of this section 9-9-4 .
      3.   No building, structure or use located in a Business Zoning District shall be subject to the amortization provisions of this chapter if it is a permitted building, structure or use in any Business Zoning District, except as provided for elsewhere in this chapter.
      4.   No building, structure or use lawfully established on the effective date of this chapter and located in any Industrial Zoning District shall be subject to the amortization provisions of this section.
      5.   For the purposes of this section a building or structure lawfully constructed or established on the effective date of this chapter shall be deemed to include any building or structure for which a building permit has been lawfully issued, and on which construction is begun within the required period of time allowed by the unexpired building permit then in effect.
   B.   Amortization.
      1.   The following nonconforming buildings, structures, including signs, and uses shall be subject to amortization provisions herein set forth below:
         a.   In residence districts, any nonconforming principal and accessory building or structure, all or substantially all of which is designed and used or intended for a permitted or special use that is allowed only in a nonresidential district.
         b.   In all other districts, any nonconforming principal or accessory building or structure, all or substantially all of which is designed and used or intended for a permitted or special use that is not allowed in that district.
      2.   All nonconforming buildings, structures and uses as set forth in subsections B.1.a and B.1.b of this section that were nonconforming prior to and remain or become nonconforming upon the effective date of this Code and any amendments to this Code, and that have an assessed valuation of more than five thousand dollars ($5,000.00) In accordance with the types of construction classifications set forth in Title 8 of the Woodridge Village Code, as amended, must be removed in accordance with the following amortization period: Type of Construction Amortization Period Fireproof construction and noncombustible construction the later of forty (40)-years from the date of original building permit or twenty-five (25)-years from effective date of this Code, or amendments to this Code Exterior masonry wall construction the later of thirty (30)-years from date of original building permit or twenty (20)-years from effective date of this Code, or any amendments hereto this Code. Frame construction the later of twenty-five (25)-years from the date of original building permit or fifteen (15)-years from effective date of this Code, or any amendments to this Code. Thereafter, the property may only be used in conformance with the uses and standards permitted in the districts in which it is located. (Ord. 2024-6, 3-7-2024)

9-9-5: RESTRICTIONS ON NONCONFORMING BUILDINGS AND STRUCTURES, AND ON USES THEREOF:

Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the following regulations:
   A.   Repairs and Alterations.
      1.   Ordinary repairs and alterations may be made to a nonconforming building or structure. However, no structural alterations except those required by law shall be made in or to such building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located. Structural alterations may be made in order to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this section, ordinary repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement.
      2.   A nonconforming building in a Residence District which contains residential 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.
   B.   Additions and enlargements. A building or structure which is nonconforming as to bulk, or all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to or enlarged in any manner unless such nonconforming building or structure and use thereof, including all additions and enlargements thereto, are made to conform to all the regulations of the zoning district in which it is located.
   C.   Moving of nonconforming building or structure. No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in whole or in part to any other location unless every portion of such building or structure is moved. The elevation of the ground at the original site shall be restored to the natural grade of the lot. The use of the building or structure at the new site shall be made to conform to all regulations of the district into which it is moved.
   D.   Restoration of damaged nonconforming building or structure. A nonconforming building or structure that is:
      1.   Completely destroyed by fire, or other natural or man created casualty, will only be reconstructed and used in conformance with the current district regulations where it is located;
      2.   Damaged by fire, or other natural or man created casualty, to an extent that is more than fifty percent (50%) of its most current assessed valuation, as established by the township assessor where the building or structure is located, will only be reconstructed and used in conformance with the current district regulations where it is located;
      3.   Damaged by fire, or other natural or man created casualty, to an extent that is less than fifty percent (50%) of its most current assessed valuation, as established by the township assessor where the building or structure is located, may be restored to its condition and used for the same purpose present immediately before the casualty event. Provided, however, that any:
         a.   Nonconforming restoration is completed; and
         b.   Resumption of nonconforming use begins within three hundred and sixty-five (365) calendar days after the date of the casualty event.
   In the event that the restoration is not completed and the use is not resumed within three hundred and sixty-five (365) calendar days after the date of the casualty event, the building will only be reconstructed and used in conformance with the current district regulations where it is located.
   E.   Discontinuance of use of nonconforming building or structure. A nonconforming building, structure, or portion thereof, which is vacant on the effective date of this chapter or thereafter becomes vacant and remains unoccupied, and is not used for a continuous period of six (6) months, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located.
   F.   Expansion of a conforming use in a nonconforming building or structure. The conforming use of a part of a nonconforming building or structure, may be expanded within the building or structure in which the use is presently located. However, no changes or structural alterations shall be made unless these changes or structural alterations and their use conform to all the regulations of the zoning district in which the building or structure is located.
   G.   Change of a conforming use in nonconforming building or structure. The conforming use of a nonconforming building or structure may be changed to another use permitted in the zoning district in which the building or structure is located. However, no change shall extend or otherwise modify any provision made in this chapter for elimination of such nonconforming building or structure and the use thereof. (Ord. 2024-6, 3-7-2024)

9-9-6: CONDEMNATION OF NONCONFORMING BUILDINGS AND STRUCTURES:

   A.   The village, at any time and from time to time, by ordinance duly enacted and in pursuant to the provisions set forth in Section 11-13-17 of the Illinois Municipal Code, 65 ILCS 5/11-13-17, as may be amended from time to time, may:
      1.   Remove or demolish all such buildings and structures so acquired;
      2.   Hold and use any remaining property for public purposes; and
      3.   Sell, lease, or exchange such property as is not required for public purposes, subject to the provisions of this chapter or any amendment to this chapter.
   B.   No such acquisition by condemnation shall be made until such time as the Plan Commission, at the request of the corporate authorities, or upon its own initiative, shall have made a study of the area within which the nonconforming building or structure is located and shall have filed a written report on such study with the corporate authorities. (Ord. 2024-6, 3-7-2024)

9-9-7: NONCONFORMING USE OF BUILDINGS OR STRUCTURES:

   A.   Expansion of nonconforming use. The nonconforming use of a part of a conforming building or structure, shall not be expanded or extended into any other portion of such building or structure.
   B.   Discontinuance of a nonconforming use. If a nonconforming use of a conforming building or structure, is discontinued for a period of ninety (90) days, it shall not be renewed. Any subsequent use of the building or structure shall conform to the use regulations of the zoning district in which the premises are located.
   C.   Change of a nonconforming use. The nonconforming use of a part of a conforming building or structure shall not be changed to any other nonconforming use. (Ord. 2024-6, 3-7-2024)

9-9-8: NONCONFORMING USE OF LAND:

The nonconforming use of land not involving a building or structure, or in connection with which any building or structure is incidental or accessory to the principal use of the land, may be continued subject to the following provisions:
   A.   Expansion. A nonconforming use of land shall not be expanded or extended beyond the area it occupies.
   B.   Discontinuance. If a nonconforming use of land is discontinued for a period of ninety (90) consecutive days, it shall not thereafter be renewed. Any subsequent use of the land shall conform to the regulations of the zoning district in which the land is located.
   C.   Change of use. A nonconforming use of land shall not be changed to any other use except to a use permitted in the zoning district in which the land is located.
   D.   Elimination of nonconforming use of land. The nonconforming use of land shall be discontinued and cease after the effective date of this code in accordance with the following amortization schedule, except that in any residential district, as established in section 9-4-1 of this code, the allowable term will be reduced by fifty percent (50%):
 
Nature of Nonconformity
Amortization Period
No buildings or structures are used in connection with the nonconforming use of land
1 year
Buildings or structures or other improvements used in connection with the nonconforming use of land are accessory or incidental and have an assessed valuation of not more than two thousand dollars ($2,000.00)
2 years
Buildings or structures or other improvements used in connection with the nonconforming use of land are accessory or incidental and have an assessed valuation of more than two thousand dollars ($2,000.00)
5 years
Where a nonconforming use of land is accessory to the nonconforming use of a building or structure
Date on which the nonconforming use of the building or structure is discontinued.
 
   (Ord. 2024-6, 3-7-2024)

9-9-9: LIMITED NONCONFORMITY EXCEPTIONS:

   A.   Zoning officer authority. The zoning officer may authorize, upon application in specific cases, an exception to the nonconformity requirements of this chapter 9 permitting an increase:
      re occupied by a nonconforming use as are necessary and essential to enable the owner of the use to comply with Federal, state, or village requirements of law; or
      2.   In the existing nonconforming use on an existing lot where:
         a.   As a result of a property owner acquiring additional adjoining property; or
         b.   An act of government through vacation of right-of-way that creates additional private land area abutting the existing lot.
   B.   Procedure and required findings. All applications for a limited nonconformity exception under this section 9-9-9 will be reviewed according to the following procedures:
      1.   Initiation. The owner or owners of the subject property or the owner’s authorized agent may initiate an application for limited nonconformity exception.
      2.   Pre-application meeting. A pre-application meeting with zoning officer is optional before submittal of a limited nonconformity exception application. The zoning officer’s opinions or comments made during a pre-application meeting are informational only and do not represent a commitment on behalf of the village regarding a final decision on the limited nonconformity exception application. However, at the pre-application meeting the zoning officer may waive application submittal requirements or request that additional information be submitted.
      3.   Application and Fees:
         a.   Submittal in writing. All applications for a limited nonconforming exception will be submitted in writing to the zoning officer. The applicant will pay all required fees at the same time the application is submitted.
         b.   Concurrent applications. The applicant may submit a limited nonconformity exception application concurrent with the submittal of other applications. In no case, however, shall a building permit be issued until the limited nonconforming exception according to this Section 9-9-9 is approved.
         c.   Review, referral and final decision. The zoning officer may refer the limited nonconforming exception application to other affected or interested state and local agencies, village departments and parties for review and comment, as deemed necessary to make a decision on the application. The zoning officer will make a final decision to approve, approve with conditions, or deny the application, taking into consideration relevant comments. Wherever higher or more restrictive standards are established by the provisions of this chapter, the zoning officer may take these provisions into consideration in making a final decision.
      4.   Review criteria. The zoning officer will use the following criteria in making a decision on an application for a limited nonconformity exception application:
         a.   Application is consistent with all prior approvals for the subject property.
         b.   Application complies with all other applicable regulations in this chapter except those specifically the subject of the limited nonconforming exception.
         c.   Use is a nonconforming use as defined in this chapter, is in full compliance with all requirements of this chapter applicable to nonconforming uses, and is not a nonconforming use which is to be terminated by operation of law.
      5.   Timing for decisions. Any decision for a limited nonconforming exception will be made by the zoning officer within forty-five (45)-days after receipt of a completed application, as determined by the zoning officer, unless the property owner, or his or her agent, and zoning officer agree in writing to a longer review period. Failure of the zoning officer to issue his or her written decision with forty-five (45)-days, or as may be extended by agreement of the property owner, or his or her agent, and zoning officer, will be a decision to deny the application.
      6.   Limited nonconforming exceptions personal to owner. A limited nonconforming exception authorized by this Section 9-9-9 is personal to the property owner and is not transferable, and will only run with the land after construction of any authorized building or structure and only for the life of such structure or structures. (Ord. 2024-6, 3-7-2024)

9-9-10: PLAN COMMISSION AUTHORITY TO GRANT VARIANCES FOR OTHER EXPANSIONS; JURISDICTION ON APPEAL:

   A.   The Plan Commission may grant other exceptions to the nonconforming provision of this Chapter 9 that are not otherwise limited nonconforming exceptions, as provided in Section 9-9-9 of this Chapter, under its power to grant variances subject to the procedures and applicable criteria stated in Section 9-6-4 .C of this Code.
   B.   The Plan Commission will hear all appeals from any decision of the zoning officer under this Chapter 9, subject to the procedures and applicable criteria stated in Section 9-6-4 .B of this Code. (Ord. 2024-6, 3-7-2024)