12.0 NON-CONFORMING USES, LOTS AND STRUCTURES

 

ZONING ORDINANCE - 12.0 NON-CONFORMING USES, LOTS AND
STRUCTURES

 

 

12.0 - PURPOSE

 

 

The Gurnee Zoning Ordinance has established separate districts and
standards, each of which are appropriate for the uses and standards
of that district. It is the purpose of this Article to regulate those
non-conforming uses, lots, and structures which substantially and
adversely affect the orderly development and taxable value of other
conforming property in each district, and to specify those
circumstances and conditions under which those non-conforming uses,
lots, or structures shall be permitted to exist with
restrictions.



 

 

 

12.1 - APPLICABILITY

 

 

1. - LEGAL NON-CONFORMING USES, LOTS, AND STRUCTURES



 

 

 


Uses, lots, and structures existing lawfully prior to the
effective date of this Ordinance which, by reason of this
Ordinance, are no longer conforming, shall be considered as
legally non-conforming and shall be subject to all regulations
imposed hereafter.

 

 



2. - ILLEGAL NON-CONFORMING USES, LOTS, AND STRUCTURES



 

 

 


Uses, lots, and structures existing unlawfully prior to the
effective date of this Ordinance, and which remain unlawful, shall
be considered illegal and--unless remedial action is taken (e.g.
special use authorized or brought into conformance by another
acceptable zoning device permitted by this Ordinance)--shall be
amortized in conjunction with Section 12.6 hereinafter; except
that illegal non-conforming signs shall be amortized in
conjunction with Article 11.

 

 



3. - PREVIOUS NON-CONFORMING, USES, LOTS, AND STRUCTURES WHICH BECOME
CONFORMING AS A RESULT OF THE COMPREHENSIVE ORDINANCE AMENDMENT



 

 

 


Uses, lots, and structures existing lawfully or unlawfully
prior to the effective date of this Ordinance, which are made
lawful as a result of the provisions of this Ordinance, shall be
considered as conforming.

 

 



 

 

 

12.2. - AUTHORITY TO CONTINUE LEGAL
NON-CONFORMING BUILDINGS, STRUCTURES, AND USES THEREOF

 

 



Any legal non-conforming building, structure, or use thereof,
excluding signs, which existed at the time of the adoption of this
Ordinance and which remains non-conforming, and any such building,
structure, or use thereof, excluding signs, which shall become
non-conforming upon the adoption of this Ordinance or of any
subsequent amendment thereto, may be continued only in accordance
with the regulations which follow:



 

 

 

12.2.1 - REPAIRS AND
ALTERATIONS

 

 

Ordinary repairs and alterations may be made to a
non-conforming building or structures, provided that no structural
alterations shall be made in or to such building or structure, all
or substantially all of which is designed or intended for a use
not permitted in the district in which it is located, except those
required by law, or except to make the building or structure, and
use thereof, conform to the regulations to the district in which
it is located.



A building in a residential district containing non-conforming
residential uses may be repaired or altered to improve livability
and health conditions, provided no changes are made that would
increase the number of dwelling units or the bulk of the
building.



 

 

 

12.2.2 - ADDITIONS AND ENLARGEMENTS

 

 

A non-conforming building or structure, all or substantially
all of which is designed or intended for a use not permitted in
the district in which it is located, shall not be added to or
enlarged in any manner unless such non-conforming building or
structure, and use thereof, including all additions and
enlargements thereto, is made to conform to all the regulations of
the district in which it is located or unless application is made
for conversion to a special use as specified in Section 12.7.



A non-conforming building or structure, which is non-conforming
only as to bulk, shall not be added to our enlarged in any manner
unless such additions and enlargements thereto conform to the
applicable regulations of the district in which it is located or
unless application is made for conversion to a special use as
specified in Section 12.7.



 

 

 

12.2.3 - RELOCATION OF BUILDING OR
STRUCTURE

 

 

No building or structure, which does not conform to all of the
regulations of the district in which it is located, except those
required by law, shall be moved in whole or in part to any other
location unless every portion of which building or structure which
is moved and the use thereof is made to conform to all regulations
of the district into which it is moved.



 

 

 

12.2.4 - RESTORATION OF DAMAGED BUILDING
OR STRUCTURE

 

 

A building or structure, or portion thereof, all or
substantially all of which is designed or intended for a use which
is not permitted in the district in which it is located, and which
is destroyed or damaged by fire or other casualty or act of God to
the extent that the cost of restoration to the condition in which
is was before the occurrence will exceed fifty (50) percent of the
cost of restoration of the entire building or structure, new shall
not be restored, except as required by law, unless said building
or structure, and the use thereof, shall conform to all
regulations of the district in which it is located.



In the event that such damage or destruction is less than fifty
(50) percent of the cost of restoration of the entire building or
structure new, no repairs or reconstruction shall be made unless
such restoration is started within one (1) year from the date of
the partial destruction and is diligently prosecuted to
completion.



 

 

 

12.2.5 - DISCONTINUANCE OF USE OF
NON-CONFORMING BUILDING OR STRUCTURE

 

 

A building, structure, or portion thereof, all or substantially
all of which is designed or intended for a use which is not
permitted in the district in which it is located, and which is
vacant, unoccupied, and not used on e effective date of this
Ordinance, or thereafter becomes vacant and remains unoccupied, or
is not used for a continuous period of one (1) year, shall not
thereafter be occupied or used except by a use which conforms to
the use regulations of the district in which it is located.



 

 

 

12.2.6 - EXPANSION OF USE IN
NON-CONFORMING BUILDING OR STRUCTURE

 

 

1. - IN BUILDING OR STRUCTURE DESIGNED OR INTENDED FOR
NON-CONFORMING USE



- The non-conforming use of part of a building or structure, all
or substantially all of which is designed or intended for a use
not permitted in the district in which it is located, may be
extended throughout the building or structure in which said use is
presently located, but no changes or structural alterations which
increase the bulk of the building or structure, except those
required by law, shall be made unless such changes or structural
alterations and the use thereof conform to all the regulations of
the district in which the building or structure is located.



2. - ACCESSORY USES



- No accessory use shall be added to a lot which is non-conforming
or to a lot containing a non-conforming building or structure.



 

 

 

12.2.7 - CHANGE OF A NON-CONFORMING USE
IN NON-CONFORMING BUILDING OR STRUCTURE

 

 

The non-conforming use of a building or structure, all or
substantially all of which is designed or intended for a use not
permitted in the district in which it is located, may be changed
to any other conforming or non-conforming use allowed within the
same or a more restrictive zoning district that allows the
existing non-conforming use as a permitted use; but no change
shall extend or otherwise modify any provisions made in this
Ordinance for elimination of such non-conforming building or
structure, and the use thereof. For the purpose of this Subsection
only, the R-1 district shall be considered the most restrictive
and the I-3 district the least restrictive district.



 

 

 

12.2.8 - CHANGE TO A CONFORMING USE

 

 

Whenever all or any part of a building or structure occupied by
a non-conforming use is changed to or replaced by a use conforming
to the provisions of this Ordinance, such premise shall not
thereafter be used or occupied by a non-conforming use.



 

 

 

12.3 - NON-CONFORMING USE OF CONFORMING
BUILDINGS OR STRUCTURES

 

 

The lawfully existing non-conforming use of part of all of a
building or structure, all or substantially all of which building or
structure is designed or intended for a use permitted in the district
in which it is located, may be continued subject to the following
provisions:



 

 

 

12.3.1 - REPAIRS AND
ALTERATIONS

 

 

Repairs, alterations, and structural changes may be made to a
conforming building or structure occupied by a non-conforming use,
all or substantially all of which is designed or intended for a
use permitted in the district in which it is located, provided
said repairs, alterations, or structural changes conform to the
regulations of the district in which said building or structure is
located.



 

 

 

12.3.2 - RESTORATION OF DAMAGED BUILDING
OR STRUCTURE

 

 

A building or structure, all or substantially all of which is
designed or intended for a use which is permitted in the district
in which it is located, and which is destroyed or damaged by fire
or other casualty or act of God to the extent that the cost of
restoration to the condition in which it was before the occurrence
shall exceed fifty (50) percent of the cost of restoration of the
entire building new, except as required by law, shall not be
restored, unless said building or structure and the use thereof
shall conform to all the regulations of the district in which it
is located.



In the event such damage or destruction is less than fifty (50)
percent of the cost of restoration of the entire building new, no
repairs or reconstruction shall be made unless such restoration is
started within one (1) year from date of the partial destruction
and is diligently prosecuted to completion.



 

 

 

12.3.3. - DISCONTINUANCE OF
NON-CONFORMING USE OF CONFORMING BUILDING OR STRUCTURE

 

 

If a non-conforming use of a building or structure, all or
substantially all of which building or structure is designed or
intended for a use permitted in the district in which it is
located, is discontinued for a period of six (6) consecutive
months, it shall not thereafter be renewed, and any subsequent use
of the building or structure shall conform to the use regulations
of the district in which the premises are located.



 

 

 

12.3.4 - EXPANSION OF NON-CONFORMING USE
IN CONFORMANCE BUILDING OR STRUCTURE

 

 

The non-conforming use of part of a building or structure, all
or substantially all of which building or structure is designed or
intended for a use permitted in the district in which it is
located, shall not be extended into any other portion of such
building or structure.



 

 

 

12.3.5 - CHANGE OF A NON-CONFORMING USE
IN CONFORMING BUILDING OR STRUCTURE

 

 

No non-conforming use shall be changed to another
non-conforming use if located in a building or structure, all or
substantially all of which building or structure is designed or
intended for a permitted use.



 

 

 

12.3.6 - CHANGE TO A CONFORMING USE

 

 

Whenever all or any part of a building or structure, all or
substantially all of which building or structure is designed or
intended for a use permitted in the district in which it is
located, is occupied by a non-conforming use and is subsequently
changed to or replaced by a use conforming to the provisions of
this Ordinance, such premises shall not thereafter be used or
occupied by a non-conforming use.



 

 

 

12.4 - NON-CONFORMING USE OF LAND

 

 

The non-conforming use of land not involving a building or
structure, or in connection with which any building or structure
thereon is incidental or accessory to the principal use of the land,
may be continued subject to the following provisions:



 

 

 

12.4.1 - DISCONTINUANCE OF A
NON-CONFORMING USE

 

 

If a non-conforming use of land is discontinued for a period of
six (6) consecutive months, it shall not thereafter be renewed,
and any subsequent use of land shall conform to the regulations of
the district in which the land is located.



 

 

 

12.4.2 - EXPANSION OF A NON-CONFORMING
USE

 

 

A non-conforming use of land shall not be expanded or extended
beyond the area it occupies.



 

 

 

12.4.3 - CHANGE OF A NON-CONFORMING
USE

 

 

A non-conforming use of land may be changed to any other
non-conforming use allowed within a more restrictive zoning
district that allows the existing non-conforming use as a
permitted use. For the purpose of this Subsection only, the R-1
district shall be considered the most restrictive and the I-3
district the least restrictive district.



 

 

 

12.4.4 - CHANGE TO A CONFORMING USE

 

 

Whenever a non-conforming use of land is changed to or replaced
by a conforming use of land, such premises shall not thereafter be
used or occupied by a non-conforming use.



 

 

 

12.5 - NON-CONFORMING LOTS

 

 

Legal non-conforming lots existing at the time of the adoption of
this Ordinance, may be utilized for uses that are permitted in the
zone in which the lot is located, provided that the non-conforming
lot complies with following provisions:



 

 

 

12.5.1 - PERMITTED USE

 

 

A non-conforming lot (existing prior to the effective date of
this Ordinance) may be used for any permitted, special, temporary,
or accessory use allowed in the zone in which the lot is
located.



 

 

 

12.5.2 - SITE AND STRUCTURE
PROVISIONS

 

 

The use of any non-conforming lot for a conforming use
permitted in the zone in which the lot is located is subject to
the site and structure provisions, and other requirements of that
zone except those specific requirements that directly resulted in
the lot's non-conforming status.



 

 

 

12.5.3 - CONTIGUOUS NON-CONFORMING
LOTS

 

 

Where two (2) or more contiguous lots with continuous frontage,
or combination of contiguous lots and portions of lots with
continuous frontage, are under single ownership or unified control
at or after the time of the passage of this Ordinance, and if all
or part of the lots do not meet the required bulk provisions for
lots within the zone in which the lots are located, they shall be
considered to be an undivided parcel for the purposes of this
Ordinance. Such contiguous groups of non-conforming lots may be
resubdivided into new lots where each new lot, to the greatest
extent possible, conforms to the standards of the district in
which they are located; they may not however be built upon as
separate and individual non-conforming lots without review by the
Village Board of Trustees, acting upon the recommendation of the
Zoning Board of Appeals to determine if they should be considered
as one (1) lot, individual lots, or if resubdivision is
required.



 

 

 

*12.6 - AMORTIZATION OF NON-CONFORMING OR
UNLAWFUL BUILDINGS, STRUCTURES, LOTS, OR USES

 

 

Any legal non-conforming building, structure, lot or use,
excluding signs, which existed at the adoption of this Ordinance and
which remains non-conforming, and any such building, structure, or
use which shall become non-conforming upon the adoption of this
Ordinance or of any subsequent amendment thereto, shall be
discontinued and cease in accordance with the following. All
non-conforming and unlawful buildings, structures, lots, or uses,
excluding signs, shall cease to exist within one (1) year of the
effective date of this Ordinance or as the situation warrants, may be
permitted, on appeal to the Zoning Board of Appeals and the approval
of the Village Board of Trustees, to cease to exist in accordance
with the following schedule:

(*Amended March 24, 1986, Ord. No. 86-16)



1. - Where no building or structure is employed in connection with
such use, discontinued within one (1) year.



2. - Where the only buildings or structures or other physical
improvements employed are accessory or incidental to such use and
have an assessed valuation on the effective date of this Ordinance of
not more than two thousand dollars ($2,000), discontinued within two
(2) years.



3. - Where all or substantially all of the improvements employed in a
non-conforming building, structure, lot or use which have an assessed
valuation on the effective date of this Ordinance of more than two
thousand dollars ($2,000), but less than twenty thousand dollars
($20,000), discontinued within five (5) years.



*4. - Where all or substantially all of the improvements employed in
a non-conforming building, structure, lot or use which have an
assessed valuation on the effective date of this Ordinance twenty
thousand dollars ($20,000) or more, then said non-conforming
building, structure, lot or use shall have an amortization period
established by the Village Board of Trustees upon the recommendation
of the Zoning Board of Appeals.

(*Amended March 24, 1986, Ord. No. 86-16)

5. - Where a non-conforming use of land is accessory to the
non-conforming use of a building or structure, discontinued on the
same date on which the non-conforming use of the building or
structure is discontinued.



6. - In all residence districts, any use which lawfully exists at the
adoption of this Ordinance, but is permitted only in a business or
industrial district and which is located in a building, all or
substantially all of which is designed or intended for a residential
purpose, shall be entirely discontinued and shall thereafter cease
operation within three (3) years from the date of the adoption of the
Ordinance. This provision shall not affect permitted "home
occupations."



The period specified for a discontinuance shall begin upon the date
it becomes non-conforming pursuant to this Ordinance.



 

 

 

*12.7 - CONVERSION TO A SPECIAL USE

 

 

Any non-conforming building, structure, or use may be converted to
a permitted "special use" by the granting of a special use permit, as
authorized in Article 13, Section 13.11. This conversion may occur
only when it is shown that the non-conforming building, structure, or
use is providing a particular service to the residents of Gurnee, and
that the use is not detrimental to the Village as a whole or to
adjacent properties.

(*Amended March 24, 1986, Ord. No. 86-16)