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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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Last modified
8/28/2015 3:40:48 PM
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8/28/2015 3:40:45 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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4 <br /> Change of Use <br /> 1. Prior to granting a change of use, the current use or a previous use shall be <br /> proven to be/have been a non-conforming use. The burden of proving any <br /> established non-conforming use is to be met by the person seeking a Non- <br /> Conforming Use Permit. Such persons shall provide sufficient proof in a form <br /> acceptable to the Director of Economic and Urban Development of the following: <br /> a. Date of construction of the building or structure or date the use was <br /> established (proof may consist of a certified copy of the business license <br /> or building permit). <br /> b. Continuous operation of the non-conforming use (proof may consist of <br /> affidavits signed by persons having personal knowledge of the use of the <br /> premises since the use was established). <br /> c. A detailed site plan certified by a Professional Engineer licensed by the <br /> State of Illinois shall be provided to the Director of Economic and Urban <br /> Development if alterations to the structure are proposed. <br /> d. Such other proof as may be deemed necessary by the Director of <br /> Economic and Urban Development. <br /> 2. The non-conforming use must have been legally conforming at the time of its <br /> creation. <br /> Section XXXIV. FENCES <br /> A. PERMIT REQUIRED <br /> 1. Regulation. <br /> Fences unless otherwise specified by ordinance shall conform to the <br /> requirements of this section. No fences not meeting the requirements described <br /> herein shall be permitted. <br /> 2. Permit Required. <br /> Except as otherwise provided herein, it shall be unlawful to erect, construct, <br /> reconstruct enlarge, or structurally modify a fence without first obtaining a <br /> building permit. <br /> Fences installed for protection of a construction or demolition site (as specified in <br /> Chapter 33 of the International Building Code) are exempt from permit <br /> requirements but must be removed upon completion of the protect. <br /> B. GENERALLY <br /> 1. Lawfully constructed fences within the City limits of the City of Decatur which <br /> were in compliance with the Zoning Ordinance existing on the effective date of <br />
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