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HomeMy WebLinkAboutOrd 4420 04/21/1992 ORDINANCE NO. 4420 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 14 (ZONING ORDINANCE) OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 21st day of April , 1992 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 22nd day of April , 1992. DC/caf 4/14/92 ORDINANCE NO. 4420 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 14 (ZONING ORDINANCE) OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, Village of Mount Prospect, through it administration, (hereinafter referred to as Petitioner) has filed an application for a text amendment to Chapter 14 (Zoning Ordinance) of the Village Code of Mount Prospect; and WHEREAS, Petitioner seeks a text amendment to Section 14.107 entitled "Nonconforming Uses" of Chapter 14 of the Village Code of Mount Prospect; and WHEREAS, a public hearing was held on the request for text amendment to Section 14.107, being the subject of ZBA Case No. 13- A-92, before the Zoning Board of Appeals of the Village of Mount Prospect on the 12th day of March, 1992 and the 26th day of March, 1992, pursuant to due and proper notice thereof having been published in the Mount Prosnect Herald on the 26th day of February, 1992; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect;~nd WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of ZBA 13-A-92 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That Section 14.107 entitled "Nonconforming Uses" of Chapter 14 (Zoning Ordinance) of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety; so that hereinafter said Section 14.107 shall be and read as follows: Bec. 14.107. Non-Conforming Buildings, Structures and Uses A. Purpose The purpose of this Section 14.107 is to provide for the regulations of non-conforming buildings, structures and uses, and to specify those circumstances and conditions under which those non-conforming buildings, str~ctures and uses shall be permitted to continue. B. Non-Conforming Buildings and Structures Buildings and structures which do not conform to the bulk regulations of any zoning district or any other provision of this ordinance shall be subject to the following regulations: 1. Ability to Continue Non-Conforming Building or Section 14.107 Page 2 of 4 Structure Any lawfully established non-conforming building or structure which is devoted to a permitted use in a zoning district may continue to be used for any permitted use. 2. Enlargement, Repair, Alterations, and Replacement Any non-conforming building or structure may be enlarged, maintained, repaired or altered, provided that no such enlargement, maintenance, repair or alteration shall either create an additional non- conformity or increase the extent of the existing non-conformity. However, on lots 50 feet or less in width, a non-conforming building or structure may be extended in a required rear yard or side yard, provided that such non-conformity is no more than 50% of the curren~ rear yard or sideyard requirement. In residential zoning districts, existing non- conforming driveways, patios and sidewalks may be replaced in the same location without complying with the bulk regulations of this ordinance. However, any such replacement structure must meet applicable lot coverage requirements. 3. Damage or Destruction In the event that any non-conforming building or structure is damaged or destroyed to the extent of more than fifty percent (50%) of the replacement value of such building or structure, such building or structureshall not be rebuilt or restored unless it conforms to all regulations of the zoning district in which it is located. When such building or structure is damaged by any means to less than fifty percent (50%) of replacement value, such building or structure may be reconstructed or repaired, provided that such repair or restoration, begin and is pursued to completion within one year of the date of such damage. Any such repair or restoration shall be done in compliance with current building codes. C. Non-Conforming Uses A use in a building, structure, or on vacant land, which is not a permitted use in the zoning district in which the use is located, shall be considered a non-conforming use and subject to the provisions below: 1. Ability to Continue Non-Conforming Use Any existing non-conforming use of part or all of a building, structure or non-conforming use of land, may be continued as long as it meets the requirements of this Section. 2. Repair and Maintenance Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non- Section 14.107 Page 3 of 4 performed on any b~ldi.~ or str~ that is devoted in whole or in part to a non-conforming use. Any such current building codes. 3. Expansion A non-conforming use shall not be extended, expanded, enlarged or increased in intensity in any building or structure. 4. Relocation No building or structure that is occupied in whole or in part by a non-conforming use shall be relocated to any other location unless the entire building or structure and the use thereof shall conform to all regulations in the zoning district. 5. Change In Use A non-conforming use of land or of a building or structure shall not be changed to any other use than a use permitted in the zoning district. When such non- conforming use has been changed to a permitted use, the building or structure shall only be used thereafter for a use permitted in the zoning district. 6. Discontinuance When a non-conforming use of part or all of a building or structure, or non-conforming use of land, is discontinued or abandoned for a period of 180 consecutive days, such use shall not be re-established or resumed. Any subsequent use of such building, structure or land shall comply with all regulations of thezoning district. 7. Damage or Destruction In the event that any building or structure which is occupied in whole or in part by a non-conforming use is damaged or destroyed to the extent of more than fifty percent (50%) of replacement value of the building or structure, such building or structure shall not be restored unless such building or structure and the use thereof conform to all the regulations of the zoning district. When such damage or destruction is fifty percent (50%) or less of replacement value of the building or structure immediately prior to such damage, the building or structure may be repaired or reconstructed and used for the same non-conforming purpose, provided such repair or damage completed within 12 months of the date of the damage or destruction. Any such repair shall be done in compliance with current building codes. " SECTION THREE: That this Ordinance shall be in full force and ection 14.107 Page 4 of 4 effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Busse, Corcoran, Floros, Hoefert', Wilks NAYS: None ABSENT: C]0wes PASSED and APPROVED this 21st day of April , 1992. Gerald L. F~rley Village President ATTEST: Carol A. Field~ Village Clerk