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2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES
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2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES
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8/28/2015 3:40:48 PM
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Resolution/Ordinance
Res Ord Num
2009-38
Res Ord Title
AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES
Approved Date
5/18/2009
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Page 3 of 8 <br /> City of Decatur Zoning Ordinance <br /> May 7, 2009 <br /> 1. "which were in compliance with the Zoning Ordinance" and "adoption or any subsequent <br /> amendment thereto" and "A Non-Conforming Use Permit may be granted for uses or <br /> structures in compliance with the Zoning Ordinance prior to the adoption of the Zoning <br /> Ordinance or subsequent amendments that have been rendered non-conforming by the Zoning <br /> Ordinance or amendments thereto." <br /> 4. "unless the City Council grants a non-conforming use permit. A Non-Conforming Use Permit <br /> may be granted when all requirements described in this Section are met." <br /> 5. "The Economic and Urban Development Department shall have the authority to assign a <br /> zoning classification to each non-conforming use. The assigned classification may be <br /> appealed to the City Manager." <br /> Amend SECTION XXIILA(Generally)by deleting: <br /> 1. "constructed" and"effective date of this Ordinance" <br /> Amend SECTION XXIII.B (Non-Conforming Structures)by adding: <br /> "on" <br /> 3. "In all Districts except R-1, R-2, R-3 and R-5, no changes or structural alterations shall be <br /> permitted which would vary the yard size requirements, setback requirements, building height <br /> or bulk limitation, or the lot size or coverage limitations of a building or structure housing a <br /> non-conforming use, unless such changes conform to all the provisions of the zoning district <br /> in which such a building is located." <br /> 4. "Any non-conforming building or structure" and "may be restored or reconstructed without <br /> enlargement or extension and used as before such damage, provided:" <br /> a. "Restoration or reconstruction is completed and the same use resumed within twelve (12) <br /> months from the date of the damage; and" <br /> b. "Proof in the form of a certified land survey performed by a Professional Land Surveyor <br /> licensed by the State of Illinois shall be provided to the Director of Economic and Urban <br /> Development illustrating the pre-existing structure's footprint and setbacks from all <br /> property lines." <br /> Amend SECTION XXIILB (Non-Conforming Structures)by deleting: <br /> 4. "If' and "such non conforming structure shall not be restored except in conformance with this <br /> Ordinance" <br /> Amend SECTION XXIII.0 (Non-Conforming Uses)by adding: <br /> "on" <br /> 1. "However, a non-conforming use may be expanded provided that it meets all provisions of the <br /> Zoning Ordinance including but not limited to parking, landscaping and lighting. No non- <br /> conforming use shall be expanded, moved or extended except as authorized by the City <br /> Council, following public hearing before the Plan Commission." <br /> 3. "Shall" and "However a non-conforming use may be reestablished provided that it meets the <br /> provisions of the Zoning Ordinance for parking, landscaping and lighting. No non- <br />
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