2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES

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provided however, that such uses or structures are restricted and subject to the requirements defined in this Section. 4. Whenever a nonconforming use or structure has been changed or improved to a more restricted state or to a conforming structure or use, such structure or use may not thereafter be changed to a less restricted or nonconforming state unless the City Council grants a non- conforming use permit. A Non-Conforming Use Permit may be granted when all requirements described in this Section are met. 5. The Economic and Urban Development Department shall have the authority to assign a zoning classification to each non-conforming use. The assigned classification may be appealed to the City Manager. B. NON-CONFORMING STRUCTURES Subject to the following regulations, any structure that lawfully existed prierte on the effective date of this Ordinance that does not conform to all provisions herein: 1. Shall not be extended, enlarged, replaced, reconstructed, moved, or structurally altered except when required to do so by law or as to conform with the provisions of this Ordinance. 2. Notwithstanding the above, an existing nonconforming main building or structure located in an R-1, R-2, R-3 or R-5 district may be enlarged, replaced or altered, but only if such change does not lead to an increase in the nonconforming nature of the structure. No such change can be allowed if it would lead to an increase in the parking requirements for the use or uses unless on-site parking spaces can be accommodated in accordance with the Ordinance. 3. In all Districts except R-1, R-2, R-3 and R-5, no changes or structural alterations shall be permitted which would vary the yard size requirements, setback requirements, buildin& height or bulk limitation, or the lot size or coverage limitations of a building or structure housing a non-conforming use, unless such changes conform to all the provisions of the zoning district in which such a building is located. 4. If Any non-conforming building or structure damaged by fire, explosion, flood, similar act of God or by the public enemy to the extent that the cost of restoration would exceed fifty �50% percent of the structure's assessed value at the time such event occurred, s,. h non r may be restored or reconstructed without enlargement or extension and used as before such damage, provided: a. Restoration or reconstruction is completed and the same use resumed within twelve (12) months from the date of the damage; and b. Proof in the form of a certified land survey performed by a Professional Land Surveyor licensed by the State of Illinois shall be provided to the Director of Economic and Urban Development illustrating the pre-existing structure's footprint and setbacks from all property lines. C. NON-CONFORMING USES