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CITY OF WEST CHICAGO
DEVELOPMENT COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE: / A
AGENDA ITEM NUMBER: Uf %
Zoning Code Text Amendment
Legal Nonconforming Uses FILE NUMBER:
COMMITTEE AGENDA DATE: Nov. 9, 2020
Ordinance No. 20-0-0024
COUNCIL AGENDA DATE:
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
ITEM SUMMARY:
Staff is proposing adding a section to the Nonconformities chapter of the Zoning Code that would al-
low the resumption of a legal nonconforming use that has been discontinued for a period of 12 con-
secutive months or longer. Section 8.8 of the Zoning Code allows a use of land that is nonconforming,
but was lawfully established, to continue on a property provided that certain requirements are adhered
to. One of the requirements is that a legal nonconforming uses loses its legal status when the noncon-
forming use has been discontinued for 12 consecutive months. Once a legal nonconforming use of
land is dormant for a period longer than 12 consecutive months the use may no longer be resumed
and the property must conform to the applicable district regulations.
Instances have occurred over the last year involving property owners wanting to revive a longstanding
legal nonconforming use that, while the use might have been discontinued for a relatively short period
of time, exceeds the 12 month timeframe allowed in Section 8.8. Often in these situations the legal
nonconforming use has been discontinued for 18 to 24 months when the use would have resumed
but the use may not have yet exceeded 12 months of discontinuance at the time that the user ex-
pressed an interest to staff in reviving such as use. The property, nonetheless, must resume within 12
months otherwise the legal nonconforming use may not resume. The steps to reinstate operation of a
formerly active use can sometimes take much longer than the 12-month period allowed under the Or-
dinance. This poses a challenge for property owners who want to revive a legal nonconforming use
but may not be in a position to begin operating the use in the required timeframe. In these situations,
the proposed resumption of the use is intended to operate in the exact manner with no improvements
or changes that would increase the use’s nonconformity. Some examples of these situations include
Hines Supply at 1201 Hawthorne Lane for outside storage, 121 N Oak Street for the continuation of a
two-flat in a single-family residential district, and Cascade Drive-In Theater.
Furthermore, staff is proposing that this new section replace the existing text in Section 8.9. Currently,
this section outlines an amortization schedule to eliminate nonconforming buildings, structures and
uses based on the assessed valuation of the building in question. This section has been enforced by
the City just once which resulted in a lawsuit against the City, in which the court ruled against the en-
forcement. Since then, the City has not enforced the amortization schedule as a result of this court
ruling and staff is therefore proposing its elimination.

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At its November 4, 2020 meeting, the Plan Commission/Zoning Board of Appeals (PC/ZBA) conduct-
ed a public hearing to consider the proposed text amendment. Members voted unanimously (5-0) in
favor of recommending the Text Amendment.
ACTION PROPOSED:
Consideration of the proposed Zoning Ordinance Text Amendment to Article VIII of the Zoning Code
to delete Section 8.9 in its entirety and add a section to Article VIII that allows discontinued legal non-
conforming uses to resume if approved by the Zoning Administrator after certain criteria have been
met.
COMMITTEE RECOMMENDATION:
Attachments:
Draft Ordinance
PC Report

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ORDINANCE NO. 20-0-0024
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WEST CHICAGO — APPENDIX A
ARTICLE VIII OF THE ZONING CODE RELATING TO
LEGAL NONCONFORMING USES
WHEREAS, Article VIII of the West Chicago Zoning Code regulates the continuation of
legal nonconforming uses of land; and
WHEREAS, Section 8.8 of the Zoning Code allows a use of land that is nonconforming,
but was lawfully established, to continue on a property provided that certain provisions are ad-
hered to; and
WHEREAS, the use loses its legal status when the nonconforming use has been discon-
tinued for twelve consecutive months; and
WHEREAS, once a legal nonconforming use of land is dormant for a period longer than
twelve consecutive months the use may no longer be resumed and the property must conform to
the applicable district regulations; and
WHEREAS, the steps to reinstate operation of a formerly active use can sometimes take
much longer than the twelve-month period allowed under the Ordinance; and
WHEREAS, this poses a challenge for property owners who want to revive a legal
nonconforming use but may not be in a position to begin operating the use in the required
timeframe; and
WHEREAS, Section 8.9 of the Zoning Code outlines an amortization schedule to
eliminate nonconforming buildings, structures and uses based on the assessed valuation of the
building in question; and
WHEREAS, this section has been enforced by the City just once which resulted in a law-
suit against the City, in which the court ruled against the enforcement and since that time the
City has not enforced the amortization schedule; and
WHEREAS, the City Council believes it is in the best interest of the City to delete Section
8.9 in its entirety and replace it with a section that allows discontinued legal nonconforming uses
to resume if approved by the Zoning Administrator after certain criteria have been met; and
WHEREAS, Notice of Public Hearing on said text amendment was published in the Dai-
ly Herald on or about October 20, 2020, as required by the ordinances of the City of West Chica-
go and the statutes of the State of Illinois; and
WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of
Appeals of the City of West Chicago on November 4, 2020, pursuant to said Notice; and
Ordinance 20-O-0024
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WHEREAS, at the Public Hearing all interested parties had an opportunity to be heard; and
WHEREAS, the corporate authorities of the City of West Chicago have received the
recommendation of the Plan Commission/Zoning Board of Appeals which contains specific
findings of fact, pursuant to Recommendation No. 20-RC-0014, a copy of which is attached hereto
as Exhibit “A” which is, by this reference, made a part hereof.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chi-
cago, Du Page County, Illinois, in regular session assembled, as follows:
Section 1. That the text in Section 8.9 — Elimination of nonconforming buildings, struc-
tures, and uses, of Article VIII, Appendix A, of the Code of Ordinances of the City of West Chi-
cago, is hereby deleted in its entirety and replaced with the following text:
8.9. - Resumption of a discontinued nonconforming use.
(A) A nonconforming use of land that has been discontinued on a property for a pe-
riod of twelve (12) consecutive months or longer may resume in the same man-
ner as it had before the discontinuation occurred only if approved to do so by
the Zoning Administrator. The Zoning Administrator may approve the resump-
tion of the nonconforming use only if each of the following criteria, in the opin-
ion of the Zoning Administrator, have been satisfied:
(1) The property owner, within thirty-six (36) months of the date of discontinua-
tion, has notified the Zoning Administrator in writing of the intent to resume
the nonconforming use.
(2) The nonconforming use was in operation for a minimum of ten (10) years
prior to its discontinuation.
(3) The resumed use shall not be intensified nor extended to occupy a greater
area of land than was previously occupied by the nonconforming use on the
date it was discontinued.
(4) The traffic, hours of operation, noise, and other operating characteristics of
the resumed use will result in no greater adverse impact on the neighbor-
hood than that of the nonconforming use prior to its discontinuation.
(5) No modifications or improvements shall be made to the property that will
increase the degree of nonconformity of the resumed use.
(6) Rezoning the subject property could result in an inappropriate spot zoning.
(7) The resumed use will not injure the value or usability of adjoining or abut-
ting property.
(8) The nonconforming use shall be resumed within twelve (12) months follow-
ing the date of approval by the Zoning Administrator. Failure to resume the
nonconforming use within this time period shall require the land to conform
to the applicable district regulations and no subsequent resumption may be
Ordinance 20-O-0024
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considered for the nonconforming use. The Zoning Administrator, however,
shall have the discretion to extend this deadline.
(B) Any appeal of a decision by the Zoning Administrator shall be in accordance
with Section 5.3-1 of this Code.
Section 2. That all ordinances and resolutions, or parts thereof, in conflict with the pro-
visions of this Ordinance are, to the extent of such conflict, expressly repealed.
Section 3. That this Ordinance shall be in full force and effect after its passage, approval
and publication in pamphlet form as provided by law.
PASSED this day of , 2020.
Alderman Beifuss Alderman Chassee
Alderman Sheehan Alderman Brown
Alderman Hallett Alderman Ferguson
Alderman Birch-Ferguson Alderman Dimas
Alderman Swiatek Alderman Garling
Alderman Stout Alderman Short
Alderman Ligino-Kubinksi Alderman Jakabcsin
APPROVED as to form:
City Attorney
APPROVED THIS day of , 2020.
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith
PUBLISHED:
Ordinance 20-O-0024
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EXHIBIT “A”
RECOMMENDATION # 20-RC-0014
TO: The Honorable Mayor and City Council
SUBJECT: PC 20-16
Zoning Text Amendment for the resumption of discontinued legal nonconforming
uses.
DATE: November 4, 2020
DECISION: The motion to approve the amendment was approved by a unanimous vote of five
(5) “yes” and zero (0) “no”.
RECOMMENDATION:
After a review of the proposed text amendment as presented, the Plan Commission/Zoning Board
of Appeals finds that the proposed amendment does not pose a threat to the health, safety and
welfare of the community. It is the Commission’s opinion that the proposed amendment will be
beneficial to the City of West Chicago.
The amendment is in keeping with the purpose of the Zoning Code. The Plan Commission is of
the opinion that this proposed amendment will protect, promote, and improve the public health,
safety, morals, convenience, order, appearance, prosperity and the general welfare of the citizens
of West Chicago community.
Respectfully submitted,
Barbara Laimins
Chairperson
VOTE:
For Against Abstain Absent
Hale Faught
Kasprak Devitt
Dettman
Laimins
Henkin
Ordinance 20-O-0024
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