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Orland Hills Overview
Orland Hills, IL Code of Ordinances
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§ 159.088 REPAIRS, ALTERATIONS, ADDITIONS, AND ENLARGEMENTS.
   (A)   Buildings nonconforming with respect to bulk. A building which is nonconforming as to bulk or setback, and which is designed and used for a use which is permitted in the district in which it is located, may be added to or enlarged subject to the following regulations:
      (1)   No nonconforming feature of the building may be added to or enlarged.
      (2)   The combination of the addition and the original building must comply with the minimum area and density regulations of the applicable zoning district.
   (B)   Conforming buildings with nonconforming uses. A building all or substantially all of which is designed or intended for a use permitted in the district in which it is located, and which is occupied by a nonconforming use, may be repaired, altered, or structurally changed provided said repairs, alterations, or structural changes conform to the regulations of the district in which said building or structure is located.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999
§ 159.089 EXTENSION OF USE.
   A nonconforming use shall not be expanded or extended beyond the area of the building or land it occupied at the time of the creation of the nonconformity.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999
§ 159.090 CHANGE OF USE.
   A nonconforming use shall not be changed to any other use except to a use permitted in the district where located. No change to even a permitted use shall be permitted unless all related buildings comply with all village codes and ordinances pertaining to fire prevention and protection.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999
§ 159.091 ABANDONMENT OF USE.
   Any nonconforming use which has been abandoned shall not thereafter be re-established. Any building, land, or building and land in combination, which was formerly devoted to a nonconforming use which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the building, land, or building and land in combination, is located.
   (A)   Abandonment defined. The term ABANDONMENT as used herein, shall mean the voluntary discontinuance of nonconforming use when accompanied by an intent not to re-establish such use or occupancy. Any one of the following shall constitute prima facie evidence of intent to abandon:
      (1)   Any positive act indicating such intent;
      (2)   Any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease;
      (3)   In the case of a building or of a building and land in combination, discontinuance of the nonconforming use for 12 consecutive months;
      (4)   In the case of land only, discontinuance of the nonconforming use for 90 consecutive days, or for a total of six months during any one-year period; or
      (5)   In the case of a nonconforming building which is damaged by means out of the control of the owner to an extent of less than 50% of the cost of restoration of the entire building new, failure to commence restoration within six months from the date of partial destruction, or conclude restoration within two years from the time restoration construction is initiated.
   (B)   Written notice. Upon the discontinuance of a nonconforming use the owner of the premises shall give written notice to the Zoning Administrator within 30 days expressing one of the following intents:
      (1)   The intent to continue the previous nonconformities (in which case a new certificate of nonconformity is required); or
      (2)   The intent to discontinue any nonconformities (in which case any related certificate of nonconformity must be forfeited).
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999
§ 159.092 ELIMINATION OF NONCONFORMITIES.
   (A)   Nonconforming uses in conforming buildings. Any nonconforming use located in a building, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, shall be entirely discontinued and shall thereafter cease operation at the end of the current lease or one year from the date of the nonconformity. In no case shall the operation of a nonconforming use extend beyond five years if a lease for longer than one year exists.
   (B)   Nonconforming use of land. The nonconforming use of land shall be discontinued and cease one year from the date of the nonconformity.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999
§ 159.093 RESIDENTIAL NONCONFORMITIES.
   The provisions of § 159.091 pertaining to the elimination of nonconformities does not apply to any single-family dwelling or multiple dwelling which, at the time it was constructed met all of the zoning requirements of the district within which it was located, where the nonconformity is caused solely by a changed zoning district or regulation.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86)
SPECIAL USES
§ 159.105 PURPOSE.
   The principal objective of this zoning code is to provide for an orderly arrangement of compatible building and land uses, and for the proper location of all types of uses required for the social and economic welfare of the village. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district there are certain additional uses which it may be necessary to allow because of their unusual characteristics or the service they provide the public. These special uses require particular consideration as to their proper location in relation to adjacent established or intended uses, or to the planned development of a community. The conditions controlling the location and operation of such special uses are established by the following provisions of this subchapter.
(Ord. 77-03, passed 1-19-77)
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