HomeMy WebLinkAboutORDINANCES-1975-100-O-75• •
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AN ORDINANCE
j Amending Sections IV and XI of the Zoning Ordinance
Pertaining to Non -conforming Structures and
j Uses and Structures Designed For a j
Non -conforming Use
WHEREAS, the Evanston Zoning Amendment Committee has on November 7,
1974, December 5, 1974, January 16, 1975, April 10, 1975, May.l, 1975, June 5,
1975, July 3, 1975, and August 7, 1975, conducted a public hearing on the
revision, updating and clarification of Section XI of the Zoning Ordinance,
"Non -conforming Buildings, Structures, and Uses", and of the revision of Section
IV of the Zoning Ordinance, General Provisions, to conform to revisions made
in Section XI, with particular attention tb an evaluation of restrictions
currently imposed on existing structures with some non -conforming characteristics,
said public hearing having been conducted pursuant to notice published in the
manner prescribed by law; and
WHEREAS, the Evanston Zoning Amendment Committee has reported its
findings and recommendations to the City Council of the City of Evanston:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY,.ILLINOIS:
SECTION 1: That Section XI of the Zoning Ordinance of the City of
Evanston, 1960, as amended, be and hereby is further amended
i to read as follows:
"Section. XI. NON -CONFORMING STRUCTURES AND USES AND STRUCTURES
DESIGNED FOR. A NON-CONFORMdNG USE.
A. STATEMENT OF PURPOSE.
The purpose of this Section XI i•s to provide for the regulation of
non -conforming buildings, structures and uses, and structures
designed for non -conforming uses and to specify those circumstances
and.conditions under which they may be allowed to continue, thL
restrictions placed upon•them and those circumstances under which
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they shall be eliminated.
B. AUTHORITY TO CONTINUE NON -CONFORMING STRUCTURES AND•USES AND STRUC-
TURES DESIGNED FOR NON -CONFORMING USES.
Any non -conforming building, structure, or use, or structure designed;
for a non -conforming use which existed lawfully as of December 2,
1960, and which remains non -conforming, and any building, structure,
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use, or structure designed for a non -conforming use which shall
subsequently become non -conforming upon the adoption of any subse-
quent amendment of this ordinance may be continued,. but only for
.such periods and under such conditions and restrictions as are set
forth under this Section XI. For the purposes of this Section XI,
a building or structure lawfully existing as of December 2, 1960,
shall be deemed to include any building or structure not erected
but for which a building permit had been lawfully issued prior to
such date and on which construction began within 180 days from the
date of the issuance of the permit.
1.. No building or structure existing on December 2, 1960, shall be
subject to the.eliminat.ion provisions of this Section XI solely
by reason of being non -conforming with respect to any of the
standards prescribed in this ordinance for:
a. Bulk, including gross floor area, floor area ratio, height,
yards, lot coverage, open spaces and lot area per dwelling'
unit
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b. Ground floor area per dwelling unit
c. Off-street parking and loading spaces
2. No residential building existing on December 2, 1960, shall be .
1 subject to the elimination provisions of this Section XI.
.3.... No building or structure, except signs, and no use existing. on .
December 2, 1960, and located in a Business District shall be
subject to the elimination provisions of this ordinance if it i
is a permitted building, structure or use in a Business District,
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or if it is allowed as a special use in any Residence, Univer-
sity, Business, or Cl Commercial District.
4.. No building, structure or use existing on December 2, 1960, and
located in a Manufacturing or C2 or C3 Commercial District shall
be subject to the elimination provisions of this Section XI,
except those uses listed in Section IX.A.3.
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C. RESTRICTIONS ON NON CONFORMING STRUCTURES DESIGNED AND USED FOR
PERMITTED OR SPECIAL USES.
• A non -conforming structure designed and used for a permitted or
special use in the district in which it is located :may be structurally
altered, repaired, maintained, enlarged or relocated in any manner
that will not create a conflict or further conflict with the .
provisions of the Zoning Ordinance.
D. RESTRICTIONS ON NON -CONFORMING USES OF CONFORMING STRUCTURES DESIGNED
FOR PERMITTED USES.
•. �. A lawfully existing non -conforming use in part or all of a building
or structure, all, or substantially all, of which is designed or
intended for a use permitted in the district in which it is located,
and which conforms in all other respects:may be continued, subject
to the following provisions:
1. Expansion of Non-conforming'Use
A non -conforming use in part of . -a building or structure shall
• not be expanded or extended into any other portion of said
building or structure, nor changed to any other non -conforming
use.
2.. Discontinuance of a Non -conforming Use
A.building, structure or portion_.thereof which is unoccupiea.or'_
unused on December 2, 1960, or -thereafter becomes unoccupied.and.__"....
is not used during any continuous period of 120 days following.
-.•.�.. :._.:__- ..r..'notification of the provisions. -..governing discontinuance
use by the Director ol= Inspections and Permits, shall not there-
after be occupied except by a use which is a listed permitted. use!.....
�. .in the district in which it..is. located unless the owner or .duly._..tt'
;.authorized agent of said building, structure or portion thereof. ..
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.files with the Director of Inspections and Permits a written
statement prior to the termination of said 120 days indicating
• his intention to continue the use heretofore made of said
property. The Director of Inspections and Permits shall give
notice promptly upon verification of discontinuance of the use
to.the owner or his duly authorized agent, and shall post a
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• notice on the property of this provision and the date upon which
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the rights set forth herein will terminate. Upon timely filing
of an intention to resume the use, the owner shall have one
year from the date of original notification within which to
.resume said use. Notwithstanding any statement of intent on
the part of the owner to resume the use, if no resumption of such
use or occupancy takes place within one year from notification of
vacancy or non-use, the property shall not thereafter*be occupied
except by a permitted use.
3. Change of Non -conforming Use
A non -conforming use of a building or structure shall not be
changed to another non -conforming use.
4. Elimination of Non -conforming uses.
a. In all zoning districts the following non -conforming uses
• shall be eliminated prior to December 2, 1968:
(1) Any use of a dwelling unit by roomers, boarders,
servants or permanent guests, except. as.allowed by:
Section IV.M.•of this ordinance....
=f..- (2) Any lodging room for boarders, roomers, servants or,
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:t,.., permanent guests.located in an..accessory;.buildi.ng.:.. - • ., :.
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b. In Residence and University Districts any of the following
additional non -conforming uses shall be eliminated within
5 five
, ( )years from the effective date of the ordinance ;
zoning property into such districts: Any uses which are
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not permitted in any district or which are permitted in
only a Business, Commercial or Manufacturing district.
c. .In Rl, R2 and R3 Residence Districts, any of the following
additional lawful- uses shall be eliminated within eight (8)
a
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years from the effective date of the ordinance.zbning
property into such districts:
(1) The use of part or all of any structure, including any
accessory building, as a rooming house, boarding-house,
nursing home or any other non-residential use.
(2) -Any lodging room for roomers, boarders or permanent
guests located on a lot which does not conform to the
lot.area requirements of this ordinance.
:.d. In Rl, and R2 Districts, the following lawfully existing -use -..:
shall be eliminated within eight.(8) years from the effect-
ive date of the.ordinance zoning the property into such
districts:
Any lodging room for roomers, boarders, servants or._
permanent guests located in other than the principal
dwelling unit or structure on a lot.
e. Exception: In the R5 Di -strict, rooming houses which become
r - 9 either a =-non-conformi ng -use or --a -special -use due -to-an:;_ =
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amendment of this Zoning Ordinance'shall -not be subject --to'
the elimination provisions of this Section'XI.D.4.
e;•: i i'i�u' �t:' ' . F: f. t',.: t r::. ri.E.; � R-ESTRICTIONS ON NON -CONFORMING: STRUCTURES •:CONTATNING NON= CONFORM ING �.
USES, AND. STRUCTURES DESIGNED FOR NON -CONFORMING USE.
Any lawfully existing non -conforming building or structure which
contains a non -conforming use, and any building or structure which
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is._.designed or intended for a use -which' is. not a listed permitted...._ .
.use in the district in which it 1s located shall be subject, to. the.
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following restrictions:
1. Repairs and Alterations
-Ordinary repairs, maintenance and alterations may be made to a
• building or structure falling within the scope of this subsection,
except that no structural alteration shall be made in or to
such a building or structure which is subject to elimination
except those which are either required by law or those which
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;� make the building, structure and use thereof conform, or. more
closely conform to the regulations of the district in which
it is located. Structural alterations may be made to.any
residential building provided -they do not create or increase
non -conforming characteristics.
2. Additions and Enlargements
A building or structure which is non -conforming as to bulk
shall not be added to or enlarged in any manner unless such
building or structure and the. use thereof, including all
additions and enlargements -thereto, are made to conform to all
of the regulations of the district in which it is located.
Additions and.enlargements to residential buildings may be
allowed providing they do not create or increase non -conforming
characteristics.
3. Moving
A building or structure shall not be moved in whole or part
unless every portion of such building or structure which is
moved and the use thereof are made to conform to all of the
regulations of the district into which :it is moved.
:-4... Restoration of Damaged Structures
a. In Rl, R2 and R3 Residence:Districts a non-conforming.:.-
residentialh�
building shall not be'restored if the cost of
such restoration exceeds 50% of the cost of restoring' the
entire building new. In al.l other districts, a non -conform-
.. :._....Y.,.�_4:. in residential building which
destroyed or damaged b 9 9 Y 9 Y
fire or'other casualt or by natural -disaster ma be
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restored•to its condition and use prior to the occurrence, '
b. In any district, a non-residential building or structure
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which is destroyed or damaged by fire, or other casualty or
• by natural disaster shall not be restored if the cost of.
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restoration to its condition and use prior to the occurrence
exceeds 50% of the cost of restoring the entire building
or structure new, unless said building or structure and the
use thereof shall conform thereafter to all the regulations
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of the district in which it is located. i
c. In the event that such damage or destruction is less than
50% of the cost of restoring the entire building or structure
new, the building may be restored to its original noncon-
forming use only if such restoration is started within 180
days of the partial damage or destruction and is diligently
prosecuted to completion, or unless a request for an
extension of -time is made within a 180 day period and upon
good cause shown, is thereafter approved by the Director
of Inspections and Permits. The Director of Inspections
and Permits shall notify the owner, or his duly authorized
agent, and. shall post a notice on the property, of the
existence of this provision and the.date upon which the
rights set forth above will terminate. Said notice shall
be given promptly following the casualty, and in no case
shall the owner have less than fifteen (15) days following
notification to request an extension or begin restoration.
d. Discontinuance of a Non -conforming Use
A building, structure or portion..thereof which is.u_noccupied __._
or unused..on _.December. 2.; 1960, .or. Aher..eaf.ter . becomes
unoccupied and is not used during any continuous period of =ram
,..:.,,: ; : +.:-::<: • : :120 days following .notification of the provisions governing'. —
discontinuance of -the use by the Director of Inspections`
and Permits, shall not.thereafter be occupied except by
-• - - `- -• "- aause which is -a listed;permitied use .in the district
which it is 'located unless the owner or duly authorized - ~
agent of said building, structure or -portion thereof, files,
with the Director of Inspections and Permits a written
I statement prior to the termination of said 120 days
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indicating his intention to continue the use heretofore
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I; made of said property. The Director of Inspections and
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Permits shall give notice promptly upon verification of
discontinuance of the use to the owner or his duly authorized
agent, and shall post a notice on the property of this
provision and'the date upon which the rights set forth
herein will terminate. Upon timely filing of an intention
to resume the use, the owner shall have one year from the
date of original notification within which to resume said
use. Notwithstanding any statement of intent on the part
of the owner to resume the use, if no resumption of such
use or occupancy takes place within -one year from notification ----
of 'vacancy or non-use, the property shall not thereafter be
occupied except.-by'a permitted use.
6. Expansion of Use
A non -conforming use of part of a building or structure shall
not be expanded within that building or structure.
7. Change of Use
If no structural alteration•_is made, a non -conforming use of a
non -conforming building or structure may be changed to a use
•.....:;_. permitted in the district .in. which' the.1building or structure. is;:
located, or to a use permitted in,a more- restrictive district,.,
provided that no such change shall'extend or otherwise modify
any requirement in the Zoning Ordinance for elimination of. _
such non -conforming building, or structure and the use thereof.
For the purpose of this subsection E only, the R1 district
shall be considered the most restrictive and the 114.district the
least restrictive.
F. ELIMINATION OF STRUCTURES DESIGNED FOR A NON-CO14FOR14ING USE
In Residence and University Districts any building or structure,
H including_a sign, all or substantially all of which is designed or
(!intended for a use which is not permitted in any district or is
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permitted only in a Business, Commercial or Manufacturing District,
shall be removed or it shall be altered, remodeled or converted to
a building or structure designed for a use permitted in the district
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and which meets all the requirements of the district in which it
is located, within 180 days after the termination of the respective
periods of time set forth hereafter which are fixed as the normal, j
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useful life of said buildings and structures. In a Business District
any building or structure, except a sign, all or substantially all
of which is designed or intended for a use which is not permitted
in any district or is permitted.only in C2 or C3 Commercial or M3 or
M4 Manufacturing Districts shall be removed or it shall be altered,
remodeled or converted to a building or structure designed for a use
permitted in the district in which it is located and which meets
the requirements of the district,•within 180 days after -the
termination of the respective periods of time set forth hereafter
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which are fixed as the normal useful life of said buildings or
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structures. i
1. Buildings and all improvements having an assessed valuation
after equalization, on December 2, 1960, of more than $5000.00
in accordance with the following types of construction classifi-
cation set forth in the Basic.Building Code, Building Officials
and Code Administrator. International, In.c.: I
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a. Type 1, Fireproof Construction - 30 years from the date -of-
" the building permit for -the construction of eithem the'
entire structure'or the initial part thereof, or 25 years
from the date of this ordinance, whichever last occurs.
b. Type 3, Exterior Masonry Wall Construction - 30-years from
the date of the -bu'ilding permit 'forthe 'c-onstruction `of
-either the entire structure or the initial part thereof, or
10 years from the effective date of this ordinance, whichever
last occurs.
c. Type 2, Non-Combustible.Construction and Type 4, Frame
Construction - 20 years from the date of the building permit
for the construction of either the entire structure or the
initial part thereof, or 10 years from the effective date of
this ordinance, whichever last occurs.. (7-0-62)
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2. Buildings or structures and al-1 improvements having an assessed
:i valuation after equalization on the effective date of this
ordinance of at least $2000.00 but not more than $5000.00;
5 years from the date of the building permit for the construction
of either the entire structure of the initial part thereof, or
3 years from the effective date of this ordinance, whichever
occurs last. (7-.0-62)
3. Buildings or structures and all improvements having an assessed
valuation after equalization'on the effective date of this
ordinance under $2000.00: 5 years from the date of the building
permit for the construction of either the entire structure or
the initial part thereof, or 3 years from the effective date
of this ordinance,.whichever occurs last. (7-0-62)
4. 'A non -conforming use -of a building or structure subject to }
elimination pro of this subsection F shall be terminated
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• and shall not thereafter be continued on the premises after the �
end of the normal, useful life of said building as set forth in
this subsection F.
' 5. In Business -and Commercial Distr-Otts, any business or advertising
sign which does not conform to al l the � provi si ons -of th'i s = '
.ordinance shall. be. removed' or At_shall_ be .al-tered _to .conform J n ;:.•
- all respects with the requirements -of -this ordinance not la ter--
than January 31, 1969.
6. For any building or structure which -becomes a non -conforming use
due to an amendment of the Zoning Ordinance including the .District
Map, after the effective date of this ordinance and which thereby
,..•,_ becomes subject to removal or alteration, remodeling or coNer
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�i si.on as provided for.in subsection F, the normal useful life of
said building or structure shall be computed from the effective
• date of such amendment and in accordance with other provisions
of this subsection F. (7-0-62)
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G. RESTRICTIONS ON NON -CONFORMING USES OF LAND
• The non -conforming use of land on which there is no structure or on
which any structure is incidental or accessory to the principal
use of the land, may be continued subject to the following provisions:
1. Expansion of Non -Conforming Use.
A non -conforming use of 1•and shall not be extended or expanded
beyond the area it occupies.on December 2, 1960.
2. Discontinuance of Use
If a non -conforming use of.land is discontinued for a period'of
120 days, it shall not thereafter be renewed, and any -subsequent
use of the land shall conform to the regulations of the district
in which the land is located.
3. Change of Use
A non -conforming use of land shall not be changed for any other
use except to a use permitted in the district in which the land
• is located.
4. Elimination of Non -Conforming Uses of Land
a.. A non -conforming use of land shall be eliminated in accord-,
ance with the following schedule:
(1) Where no building .or structure is employed in connection.,
with such use, eliminated within 180 days. i;..
. (2) Where the only building, structure or other improve-
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ments employed have an assessed valuation before
equalization of not more than $2000.00, eliminated
within one year.
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(3) Where the only building, structure or other improvements
H� employed have an assessed valuation before equalization
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Ij of more than $2000.00, eliminated within 3 years.
j b. Where a non -conforming use of land is accessory to a
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• l' non -conforming use of a building or structure which is sub- f
i ject to elimination, it shall be eliminated on the same
date on which the non -conforming use of the building or
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fi structure is eliminated.
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c. Any existing parking lot which. becomes subject to amortization
or elimination under the provisions of this section may be
continued if it obtains approval as a new 'special use,
SECTION 2: That Subsection-F of Section IV of the Zoning Ordinance of
the City of Evanston, 1960, as amended, be and hereby is
further amended to read as follows:
"IV.F. Control Over Bulk.
All new buildings and structures shall conform to the bulk regulations
established herein for the district."i.n which each building or structure
is located. No existing building or structure shall be enlarged,
reconstructed, structurally altered, converted or relocated in such a
manner as to create a conflict or to'further conflict with the bulk
regulations of this ordinance for the district in which such building
or structure is located.
Nothing contained in this section, the district regulations or the
section on non -conforming buildings, structures and uses of this
ordinance, shall be construed to prevent any existing building or
strpcture which is non -conforming only with respect to required yards
•from being enlarged, reconstructdd,-structurally altered, or relocated
in a manner which will not further conflict with the provisions of this
..ordinance, or increase the non -conforming aspects of said building or
structure. Such enlargement, reconstruction, alteration, or relocation
shall not be permitted for buildings occupied in whole or in part by
a non -conforming use, nor for the purposes of adding a dwelling unit,
converting a building to residential purposes or to increase the density
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of residential use unless said building is brought into conformity with
all applicable requirements of this ordinance.
In case any of the provisions of this sub -section F are more restrictive
than the restrictions in Section XI, Section XI shall be controlling."
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SECTION 3: That subsection L of Section IV of the Zoning Ordinance
of the City of Evanston, 1960, as amended, be and hereby
is further amended and redesignated subsection M and shall read as'follows:
"! V.M. Floor Area Ratio - Exceptions.
The maximum floor area ratio established in each district shall not
be applicable to a building or structure on a lot having less than
25 feet of frontage on a street which has a right of way with width
of 50 feet or more. The Floor area ratio for such a lot shall be
as follows:
a. For such a lot located in an Rl, R2, R3, R4, R5, or Ul District:..
not to exceed 0.5.
b. For such a lot located in an R6, R7, U2, U3, Business, Commercial
or Manufacturing District:
not to exceed 0.6 for one-story buildings
not to exceed 0.8 for two-story buildings and
not to exceed 1.0 for three or more story buildings.
SECTION 4: Any ordinances or parts of ordinances in conflict herewith
I; are hereby repealed.
SECTION 5: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner
j� provided by law.
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Introduced November 24 1975
Adopted December 8 1975
Approved December 8 1975
Is/ Edear vanneman. Jr.
Mayor
ATTEST:
/s/ Mauride F. Brown
City Clerk
Approved as to form: /s/ Jack M. �;P P1
Corporation Counsef
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