Zoning for a property
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Will County Zoning Ordinance |
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| Section 11 - Non-Conforming Buildings, Structures and Uses | |
| Section | Title |
| Statement of Purpose | |
| Non-conforming Buildings and Structures | |
| Non-conforming Use of Buildings and Structures | |
| Non-conforming Use of Land | |
| Conversion to a Special Use | |
| Existing Special Uses | |
| 11.7 | Site And Structure Requirements For Non-Conforming Lots Of Record |
The purpose of this Section is to provide for the regulation of non-conforming buildings, structures, and uses, and to specify those circumstances and conditions under which those non-conforming buildings, structures, and uses may be continued.
This Ordinance establishes separate zoning districts, each of which is an appropriate area for the location of the uses which are permitted in that zoning district. It is necessary and consistent with the establishments of those districts that those non-conforming buildings, structures, and uses, which substantially and adversely affect the orderly development and taxable value of other property in the district, not be continued without restriction.
However, in a case of discontinuance and/or abandonment of a non-conforming use it must appear that there is intent to abandon. Mere discontinuance of use will not result in a loss of the right to resume such use. Time in itself is not an essential element of abandonment. The individual case evidence may show an intention to continue the non-conforming use.
11.2 NON-CONFORMING BUILDINGS AND STRUCTURES
11.2 NON-CONFORMING BUILDINGS AND STRUCTURES
Any non-conforming building or structure which existed lawfully at the time of the adoption of this Ordinance and which remains non-conforming, and any such building or structure which shall become non-conforming upon the adoption of this Ordinance or of any subsequent amendment thereto, may be continued only in accordance with the regulations which follow.
11.2-1 Repairs and Alterations
1. Building intended for a non-conforming use-
Ordinary repairs and alterations
may be made to a non-conforming building or structure, provided that no
structural alterations 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, except those required
by law, or except
to make the building or structure thereof, conform to the regulations
of the district in which it is located.
(a) A building in a residential district containing non-conforming residential uses may be repaired or altered to improve livability and health conditions, provided no changes are made that would increase the number of dwelling units or the bulk of the building.
2. Building intended for a permitted use-
Ordinary repairs, alterations and structural changes, including but not limited to expansion, reconstruction or relocation of the building, may be made to a non-conforming building or structure, all or substantially all of which is designed or intended for a use which is listed as a permitted use or accessory permitted use in the district in which it is located, provided said repairs, alterations, or structural changes conform to the regulations of the district in which said building or structure is located.
11.2-2 Additions and Enlargements
A non-conforming 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, shall not be added to or enlarged in any manner.
11.2-3 Moving of 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 and the use thereof is made to conform to all regulations of the district into which it is moved.
11.2-4 Abandonment of Use of Non-conforming Building or Structure
A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is abandoned as of the effective date of this Ordinance, or thereafter becomes abandoned, 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. However, to constitute an abandonment it must appear that there is an intent to abandon, and mere cessation or discontinuance of use will not, per se, result in a loss of the right to resume such non-conforming use.
11.2-5 Expansion of Use in Non-conforming Building or Structure
The non-conforming use of
a part of a building or structure may be expanded within the building
or structure in which said use is presently located, but no changes or
structural alterations will be permitted unless such changes and alterations,
and the use thereof, conform to all the regulations of the district in
which the building or structure is located.
11.2-6 Change of a Non-conforming Use in Non-conforming Building or
Structure
The non-conforming use of a building or structure may be changed to any other permitted use allowed within the same or more restrictive zoning district that allows the existing non-conforming use; but no change shall extend or otherwise modify any provision made in this Ordinance for elimination of such non-conforming building or structure, and the use thereof. Once a change has been made to a use in a more restrictive zoning district, no change can be made back to the previous non-conforming use.
11.2-7 Change to a Conforming Use
Wherever all or any part of
a building or structure occupied by a non-conforming use is changed to
or replaced by a use conforming to the provisions of this Ordinance, such
premises shall not thereafter be used or occupied by a non-conforming
use.
.
11.3 NON-CONFORMING USE OF A CONFORMING BUILDING OR STRUCTURE
The lawfully existing non-conforming use of a part of or all of a building or structure, all or subsequently all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued subject to the following provisions.
11.3-1 Expansion of Non-conforming Use
The non-conforming 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.
11.3-2 Abandonment
If a non-conforming use 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, is abandoned, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located. However, to constitute abandonment it must appear that there is intent to abandon such non-conforming use. Time in itself is not an essential element of abandonment, and mere cessation or discontinuance of use will not, per se, result in a loss of the right to resume such non-conforming use.
11.3-3 No non-conforming use
shall be changed to another non-conforming use when such non-conforming
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.
11.3-4 Change to a Conforming Use
Whenever all or 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, is occupied by a non-conforming use and is subsequently
changed to or replaced by a use conforming to the provisions of this Ordinance,
such premises shall not thereafter be used or occupied by a non-conforming
use.
11.4 NON-CONFORMING USE OF LAND
The non-conforming 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, may be continued subject to the principal use of the land and subject to the following provisions.
11.4-1 Expansion
A non-conforming use of land shall not be expanded or extended beyond the area it occupies.
11.4-2 Abandonment
If a non-conforming use of a building or structure, all or substantially of which building or structure is designed or intended for a use permitted in the district in which it is located, is abandoned, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located. However, to constitute abandonment it must appear that there is intent to abandon such non-conforming use. Time in itself is not an essential element of abandonment, and mere cessation or discontinuance of use will not, per se, result in a loss of the right to resume such non-conforming use.
11.4-3 Change to a Conforming Use
Wherever a non-conforming use of land is changed to or replaced by a conforming use of land, such premises shall not thereafter be used or occupied by a non-conforming use.
11.5 CONVERSION TO SPECIAL USE
Any non-conforming building, structure, or use may be converted to a permitted "special use" by the granting of a special use permit, as authorized in Section 14.10.
This conversion may occur only when it is shown that the non-conforming building, structure, or use is providing a particular service to the residents of Will County, and that the use is not detrimental to the County as a whole or to adjacent properties.
(a) Where a use is classified as a special use under this Ordinance and exists as a special use or permitted use or a legal non-conforming use at the date of the adoption of this Ordinance, or exists as a legal use under a court decree at the date of the adoption of this Ordinance, then such use shall be deemed to be a legal special use under this Ordinance, and a special use permit and a certificate of occupancy shall be issued for such use without the necessity for a public hearing or other compliance with the provision of this Ordinance relating to the granting of special use permits (see Section 14.10).
(b) No court decreed land use might become void due to discontinuance.
11.7 SITE AND STRUCTURE REQUIREMENTS
FOR NON-CONFORMING LOTS OF RECORD
11.7-1 Site and structure requirements for non-conforming lots of record in the R-4 zoning district.
A. Any new building or structure on either:
1. A single lot of record created and recorded on or before July 20, 1978, or
2. The consolidation of two or more lots of record each created and recorded on or before July 20, 1978,
and zoned R-4 in the 1978 comprehensive rezoning, and non-conforming in lot area and width shall comply with the following site and structure requirements:
1. Minimum Lot Area
– Six thousand five hundred (6,500) square feet.
2. Minimum Lot Width (Lot Frontage) – A minimum lot width of fifty (50)
feet shall be provided for a permitted or special use.
3. Front Yard Setback – All structures shall be setback at least eighty (80) feet from the centerline of non-dedicated roads and at least thirty (30) feet from the front lot line of a dedicated road.
4. Side Yard Setback – Ten (10) feet on each side.
5. Rear Yard Setback – The principal structure and any accessory structure attached thereto shall be set back a distance of not less than thirty (30) feet, exclusive of any and all easements, from the rear lot line. Free standing accessory structures shall be set back a distance not less than five (5) feet.
6. Maximum accessory structure square footage – One thousand five hundred (1,500) square feet (combined total of all attached and detached accessory structures).
7. Maximum Height – No principle structure or accessory structure shall exceed the height and story restriction as per the Building Code most recently adopted by the Will County Board except for All Group U Occupancies of Type V-B construction shall not exceed twenty feet in height.
8. Lot coverage – Forty percent (40%)
11.7-2 Site and structure requirements for non-conforming lots of record in the R-5 zoning district.
A. Any new building or structure on either:
1. A single lot of record created and recorded on or before July 20, 1978, or
2. The consolidation of two or more lots of record each created and recorded on or before July 20, 1978,
and zoned R-5 in the 1978 comprehensive rezoning, and non-conforming in lot area and width shall comply with the following site and structure requirements:
1. Minimum Lot Area – Six thousand five hundred (6,500) square feet.
2. Minimum Lot Width (Lot Frontage) – A minimum lot width of fifty (50) feet shall be provided for a permitted or special use.
3. Front Yard Setback – All structures shall be setback at least eighty (80) feet from the centerline of non-dedicated roads and at least thirty (30) feet from the front lot line of a dedicated road.
4. Side Yard Setback – Ten (10) feet on each side.
5. Rear Yard Setback – The principal structure and any accessory structure attached thereto shall be set back a distance of not less than twenty-five (25) feet, exclusive of any and all easements, from the rear lot line. Free standing accessory structures shall be set back a distance not less than five (5) feet.
6. Maximum accessory structure square footage – One thousand five hundred (1,500) square feet (combined total of all attached and detached accessory structures).
7. Maximum Height – No principle structure shall exceed two and one-half (2 1/2) stories, or thirty-five (35) feet in height, and no accessory structure shall exceed one (1) story or fifteen (15) feet in height, except as provided in Section 8.6.
8. Lot coverage – Forty-five percent (45%)