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HomeMy WebLinkAboutG52-95 • f CITY OF ELGIN ORDINANCE NO. G52-95 AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, RELATING TO NONCONFORMING USES AND STRUCTURES (PETITION 45-94) rik ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 26TH DAY OF JULY, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 27th day of July, 1995 . I . STATE OF ILLINOIS ss . COUNTY OF KANE CERTIFICATE I , Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on July 26, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G52-95, entitled An Ordinance Amending Chapter 19, Entitled "Zoning" of the Elgin Municipal Code, 1976 , as Amended, Relating to Nonconforming Uses and Structures (Petition 45-94 ) which provided by its terms that it should be published ri'' in pamphlet form. The pamphlet form of Ordinance No. G52-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on July 27 , 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on July 27, 1995 . Municipal Clerk (SEAL) emk Ordinance No. G52-95 AN ORDINANCE AMENDING CHAPTER 19 , ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED WHEREAS, written application has been made to amend the provisions of the zoning ordinance relating to nonconforming uses and structures; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 19 .52 entitled "Nonconforming Uses and Structures" of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 19 .52 . 030 to read as follows : 19 . 52 . 030 NONCONFORMING USES A. Authority to Continue. Any "nonconforming use" [SR] of land, or of all or part of a "structure" [SR] may be continued subject to the provisions of this chapter. B. Operation. A nonconforming use shall be subject to the provisions of Title 9, Health and Safety and any subsequent amendments thereto. C. Relocation. A nonconforming use shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming use complies with all of the regulations of the zoning district into which it relocates . D. Change in Use. A nonconforming use of land shall not be changed to any other use except to a "land use" [SR] , specifically enumerated in the list of permitted uses for the zoning district in which the land is located. A nonconforming use of a structure, which has not been abandoned may be changed to another nonconforming use, which is specifically enumerated in the list of permitted uses for the same zoning district in which the original use is listed as a permitted use, or it may be changed to a nonconforming use permitted in a more restrictive zoning district provided that the associated structure is designed and intended for a use not permitted in the district in which it is located and subject to the provisions of Chapter 19 . 70, Variations and Section 19 . 10 . 500, Authorized Land Use Variations . E. Expansion. A nonconforming use shall not be extended, expanded, enlarged or increased in any manner including, but not limited to the following: 1 . A nonconforming use shall not be expanded to any land area or structure not occupied by such nonconforming use on the effective date of this title including any use which is rendered nonconforming by a subsequent amendment to this title. 2 . A nonconforming use shall not be expanded within a structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this title including any use which is rendered nonconforming by a subsequent amendment to this title. A use permitted in the district in which it is located may expand in a "nonconforming structure" [SR] . F. Structures. A structure which is designed and intended for a use permitted in the zoning district in which it is located and occupied by a nonconforming use may be maintained, repaired, altered, or enlarged provided that the nonconforming use shall not be expanded, and provided that the maintenance, repair, alteration, or enlargement of the structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this code. G. Abandonment. A nonconforming use of any land or structure, including any accessory uses, shall not be reestablished subsequent to abandonment as follows : 1 . Where there is a discontinuation of use for 180 consecutive days, the nonconforming use of any land or structure shall not be reestablished, excepting any discontinuation of use as may be required by any federal, state, or local law, statute, ordinance, rule, or procedure; 2 . Where there is a discontinuation of use for 180 consecutive days regardless of the circumstances and where there is a failure to comply with all applicable codes and ordinances within 180 consecutive days of the date of a notice by the city of any violations, a nonconforming use of any land or structure shall not be reestablished, excepting any failure to comply with all applicable codes and ordinances as may be caused by any federal, state, or local law, statute, ordinance, rule, or procedure; or 3 . Where there is a "change in use" [SR] , regardless of whether or not such change was made in compliance with all applicable codes and ordinances, the nonconforming use of any land or structure shall not be reestablished. Any subsequent use of such land or structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this code. Section 2 . That Chapter 19 . 52 entitled "Nonconforming Uses and Structures" of Title 19 of the Elgin Municipal Code, e.. 1976 , as amended, be and is hereby further amended by amending Section 19 .52 . 040 to read as follows : P 19 .52.040 NONCONFORMING STRUCTURES. A. Authority to Continue. Any "nonconforming structure" [SR] may continue subject to the provisions of this chapter. B. Relocation. A nonconforming structure shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming structure complies with all of the provisions of this title and code. C. Maintenance, Repair, Alteration, and Enlargement. 1 . A nonconforming structure which is designed or intended for a use that is not permitted in the zoning district in which it is located may be maintained or repaired subject to compliance with all of the regulations of the zoning district in which it is located and with the emk provisions of the other titles of this code, but such nonconforming structure shall not be altered or enlarged, unless such alteration or enlargement and the use thereof, conform to all of the regulations of the zoning district in which it is located. Repairs may include the replacement of storage tanks, provided that the safety of the operation of the installation requires such replacement. 2 . A nonconforming structure which is nonconforming only with respect to the "site design regulations" [SR] for the zoning district in which it is located may be maintained, repaired, altered, or enlarged, provided that the maintenance, repair, alteration, or enlargement does not establish any additional nonconformity and complies with all of the regulations of the zoning district in which it is located and emk the provisions of the other titles of this code. D. Damage or Destruction. In the event that any nonconforming structure is damaged or destroyed by any unintended means to the extent of more than 50 percent of the fair market value of such structure immediately prior to such damage, the structure shall not be restored unless the structure, any accessory structures, and the principal and accessory uses thereof shall thereafter conform to all of the regulations of the zoning district in which they are located and to the provisions of the other titles of this code. In the event that the damage or destruction to such structure is less than the aforementioned criterion, the structure may be restored and used for the same purposes as it was before the damage or destruction, provided that such restoration is completed within 12 months of the date of the damage or destruction. The methodology for determining the extent of damage with regard to fair market value shall be as approved by the Development Administrator. A nonconforming structure which is nonconforming only with respect to the site design regulations for the zoning district in which it is located and the nonconforming structure experiences such damage or destruction to the extent of more than 50 percent of the fair market value, the nonconforming structure may be restored as it was prior to the damage or destruction, subject to conformance to Chapter 19 .45, Off Street Parking, provided that such restoration is completed within 12 months of the date of the damage or destruction. Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. / Kevin Kelly, Ma r Presented: July 26, 1995 Passed: July 26, 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: July 27 , 1995 Published: Attest: Dolonna Mecum, City Clerk