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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 5 of 8 <br /> City of Decatur Zoning Ordinance <br /> May 7, 2009 <br /> sufficient proof in a form acceptable to the Director of Economic and Urban Development of <br /> the following: <br /> a. Date of construction of the building or structure or date the use was established (proof <br /> may consist of a certified copy of the business license or building permit). <br /> b. Continuous operation of the non-conforming use (proof may consist of affidavits <br /> signed by persons having personal knowledge of the use of the premises since the use <br /> was established). <br /> c. A detailed site plan certified by a Professional Engineer licensed by the State of <br /> Illinois shall be provided to the Director of Economic and Urban Development <br /> illustrating the existing structure and proposed expansion. <br /> d. Such other proof as may be deemed necessary by the Director of Economic and Urban <br /> Development. <br /> 2. The non-conforming use must have been legally conforming at the time of its creation. <br /> Change of Use <br /> 1. Prior to granting a change of use, the current use or a previous use shall be proven to be/have <br /> been a non-conforming use. The burden of proving any established non-conforming use is to <br /> be met by the person seeking a Non-Conforming Use Permit. Such persons shall provide <br /> sufficient proof in a form acceptable to the Director of Economic and Urban Development of <br /> the following: <br /> a. Date of construction of the building or structure or date the use was established (proof <br /> may consist of a certified copy of the business license or building permit). <br /> b. Continuous operation of the non-conforming use (proof may consist of affidavits <br /> signed by persons having personal knowledge of the use of the premises since the use <br /> was established). <br /> c. A detailed site plan certified by a Professional Engineer licensed by the State of <br /> Illinois shall be provided to the Director of Economic and Urban Development if <br /> alterations to the structure are proposed. <br /> d. Such other proof as may be deemed necessary by the Director of Economic and Urban <br /> Development. <br /> 2. The non-conforming use must have been legally conforming at the time of its creation." <br /> Amend SECTION XXIX.J FEES (Plan Commission; Amendments)by adding: <br /> 5. "Non-Conforming Use Permits. <br /> Fees accompanying an application for a Non-Conforming Use Permit shall be the same as <br /> those in subparagraph 1 ("Rezoning from residential to more intensive use") above." <br /> Amend SECTION XXX.B (Duties and Powers)by adding: <br /> 8. "Barbed wire/razor wire in Office and Commercial Districts. <br /> The Board may grant a variance to permit barbed wire, razor wire, electrical fencing, spiked <br /> railing or any guard or barricade to which there is attached any pointed instrument, device or <br /> thing of any kind or description, designed, intended or liable to injure any person coming on <br />
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