[Amended by Ord. No. 85-32]
A.
It is the intent of this article to permit legal nonconforming
lots, structures or uses to continue until they are removed or become
more conforming, but not to encourage their continuance. It is recognized
that there exists within the zoning districts established by this
chapter, lots, structures and uses of land which were lawful before
this article was adopted which would be prohibited, regulated or restricted
under its present terms. Such lots, structures and uses are declared
to be incompatible with permitted lots, structures and uses in the
district involved. It is the intent of the article that such nonconformities
shall not be enlarged upon, expanded or extended, or be used as grounds
for adding other structures or uses prohibited elsewhere in the same
zoning district.
B.
A nonconforming use of a structure, a nonconforming
use of land, or a nonconforming use of a structure and land, shall
not be extended or enlarged after the passage of this article by alteration
of a building or premises or by the addition of other uses of a nature
which would be prohibited generally in the zoning district involved.
C.
There may be a change of tenancy, ownership, or management
of any existing nonconforming use of land, structure, or land and
structure, providing there is not a change or expansion of said nonconformance
use.
A.
In any district, notwithstanding limitations imposed
by other provisions of this chapter, a structure or structures and
customary accessory buildings may be erected on any single lot, even
though said lot fails to meet the requirements for area and/or width
that are generally applicable in the zoning district involved, provided
that the use of the structure or structures is permitted at the effective
date of this article (September 12, 1984). Side yards, setbacks, parking
spaces and other requirements shall conform to the regulations for
the zoning district in which said lot is located.
B.
If two or more platted lots or combination of platted
lots or portions thereof which have a continuous frontage are owned
by a single owner at the time of the adoption of this article and
if said lots or combination of lots or portion thereof do not meet
the requirements for area or width when considered as a single parcel,
said lots involved shall be considered to be a single lot. No division
of a lot shall be made which leaves the remainder of said lot with
width or area below the requirements stated in the zoning district
in which it is located.
At the effective date of this article (September
12, 1984), if a lawful use of land exists which is no longer permissible
under the zoning district in which the land is located, the use may
continue subject to the following provisions:
A.
The nonconforming use shall not be enlarged or increased
or extended to occupy a greater area of land than was occupied at
the effective date of this article or amendments thereto.
B.
A nonconforming use shall not be moved in whole or
in part to any other portion of the lot, tract, or parcel occupied
by said use after the effective date of this article.
C.
If any nonconforming use of land ceases for any reason
for a period of one hundred eighty consecutive days or more, any subsequent
use of said land shall conform to the regulations for the zoning district
in which the land is located.
If a lawful structure exists at the effective
date of this article (September 12, 1984) which could not be built
under the terms or regulations for the zoning district in which said
nonconforming structure is located because of restrictions on lot
coverage, height, or other characteristics of the structure, the structure
may be continued subject to the following provisions:
A.
No structure may be enlarged or altered in any way
which increases the nonconformity.
B.
Should a structure be destroyed by any means to an
extent of more than fifty percent of its replacement cost as determined
by the building official based in a written bid submitted by a building
contractor licensed in the City of Evanston, exclusive of foundation,
it shall not be reconstructed except in conformity with the requirement
for the zoning district in which the structure is located.
If a lawful use of a structure or land, in combination,
exists at the effective date of this article (September 12, 1984)
which is not permitted in the zoning district in which it is located,
the use may continue subject to the following provisions:
A.
An existing structure devoted to a use not permitted
in the zoning district in which it is located shall not be enlarged,
extended, constructed, reconstructed, moved to another location in
the City, or structurally altered except by changing the use of the
structure to a use permitted in the zoning district in which it is
located.
B.
If no structural alterations are made, a nonconforming
use of a structure or structure and premises may be changed to another
nonconforming use of the same or a more restrictive classification,
provided, that the proposed use is equally appropriate to the district
as the preexisting nonconforming use. Under no circumstances shall
a more restrictive classification be changed to a less restrictive
classification.
C.
If a nonconforming use of a structure and land is
discontinued for a period of one hundred eighty consecutive days or
more in any one year, except seasonal agricultural use, any future
use of said land, building, or structure shall be in conformity with
the regulations for the zoning district in which the use is located.
D.
Ordinary work and repairs, repair or replacement of
nonbearing walls, fixtures, wiring and plumbing shall be permitted
on any building or structure devoted in whole or in part to any nonconforming
use. However, said repairs shall not exceed fifty percent of the replacement
cost of the building as determined by the building official, based
on a written bid submitted by a building contractor licensed in the
City. In the event repairs exceed said fifty percent the future use
of said structure shall conform to the uses specified in the zoning
district in which it is located. Nothing herein shall be deemed to
prevent the strengthening or restoring to a safe condition of any
building or part thereof declared to be unsafe by an official unless
said building is in such a condition that it cannot be restored. Nothing
in this article shall be construed to prevent the installation or
repair of curbs, gutters, sidewalks, streets, storm sewers or any
other capital improvements that are for the safety and general welfare
of the zoning district in which said land or structure is located.
