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HomeMy WebLinkAboutORDINANCES-1968-023-O-68Revised 2-12-68 23-0-68 Amended 2-19-68 AN ORDINANCE Amending Sections XI, III, and \/I of the Evanston Zoning Ordinance, Adopted Novem- ber 21, 1960. • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section XI, subsection D of the Evanston Zoning Ordinance, adopted November 21, 1960, as amended, be further amended so that the same shall hereafter be and read as follows: "D. RESTRICTIONS ON THE NON -CONFORMING USE OF NON -CONFORMING BUILDINGS AND STRUCTURES Any lawfully existing building or structure all or substantially all of which is designed or intended for a use which is not a listed per- mitted use in the district in which it is located shall be subject to the provisions of this Subsection D. Listed permitted uses which are non -conforming as to lot area or other provisions of the district regulations shall not be subject to the provisions of this Subsection D. 111. repairs and Alterations Ordinary repairs, maintenance and alter- ations may be made to a non -conforming building or structure, except that no structural alteration should be made in or to such building or structure except those required by law and except those making the building or structure and use thereof conform, or more closely conform, to the regulations of the district in which it is located. "2. Additions and Enlargements A building or structure which is non- conforming as to bulk shall not be added 4� , 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 the regulations of the districts in which it is located. • "3. A -loving A building or structure which does not conform to all of the regulations of the district in which it is located shall not be moved in whole or in part to any other location unless every portion of such building or structure which is moved and the use thereof are made to conform to all the regulations of the district into which it is moved. "4. Restoration of Damaged Buildings and Structures Containing Non -Conforming Uses In R1, R2 and R3 Residence Districts a non -conforming residential building shall not be restored if the cost of such restoration exceeds 50 percent of the cost of restoring the entire building new. In all other districts, a noncon- forming residential building which is destroyed or damaged by fire or other casualty or by act of God may be restored to its condition and use prior to the occurrence. • In any district a non-residential building or structure which is destroyed or damaged by fire or other casualty or by act of God shall not be restored if the cost of restora- tion to its condition and use prior to the occurrence exceeds 50 percent 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 of the district in which it is located. In the event that such damagelE or destruction is less than 50 percent of the cost of restora- tion of an entire building or structure new, the building or structure may be restored to its original non -conforming condition and use only if such restoration is started - 2- within 180 days from the date of the partial damage or destruction and is Vol diligently prosecuted to completion. 115. Discontinuance of Non -Conforming Uses • A building, structure, or portion thereof, which is unoccupied or unused on the effec- tive date of this ordinance or thereafter becomes unoccupied or unused and remains unoccupied or is not used during any con- tinuous period of 120 days, shall not ( thereafter be occupied except by a use which is a listed permitted use in the district in which it is located. "6. Expansion of Use in a Non -Conforming Building or Structure A non -conforming use of a part of a building or structure shall not be expanded within that building or structure in which said use is located on the effective date of this ordinance. "7. Change of Use in Non -Conforming Building or Structure If no structural alteration is made a non- conforming, use of a building or structure may be changed to a use permitted in the district in which the building or structure is located, or to a use permitted in a more • restrictive district; provided that no such change in use shall extend or otherwise modify any requirement in this ordinance for elimination of such non -conforming building or structure and the use thereof. For the purpose of this Subsection D only, the R1 District shall be considered the most restrictive and the M2 District the least restrictive district." SECTION 2: That Section III of the Evanston Zoning Ordinance, adopted November 21, 1960, as amended, be further_ amended by revising the definition of Permitted Use so as to read as follows: -3- "USE, PERMITTED. Any use of land, buildings, structures, or premises which is a listed Permitted Use in the zoning district in which such use is located or which is a use specified in Sec- tion V.E. of this ordinance." SECTION 3: That Section VI, subsection I=, • paragraph 2,of the Evanston Zoning -Ordinance, adopted November 21, 1960, as amended, be further amended by adding thereto a new item, Item d, to read as follows: "c. Christmas Tree Sales Lot" SECTION 4: That Section VI, subsection G, paragraph 2, of the Evanston Zoning Ordinance, adopted :November 21, 1960, as amended, be further amended by adding thereto a new item, Item k, to read as follows: "k. Christmas Tree Sales Lot" SECTION 5: That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. • SECTION 6: That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. INTRODUCED February 12, 1968 ADOPTED February 19 , 1968 ATTEST: /s/ Maurice F. Brown City Clerk APPROVED February 19 , 1968 /s/ John D. Emery Mayor Approved as to form: /s/ Jack M. Siegel Corporation Counsel :LAC