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CITY OF WEST CHICAGO
DEVELOPMENT COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: &.A.
Zoning Code Text Amendment
Legal Nonconforming Uses FILE NUMBER:
COMMITTEE AGENDA DATE: Nov. 9, 2020
Ordinance No. 20-00-0024
COUNCIL AGENDA DATE: Nov. 16, 2020
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:
Development Committee members voted unanimously (6-0) in favor of recommending the Zoning Or-
dinance Text Amendment to Section 8.9, by replacing it with a new procedure for considering noncon-
forming uses.
Attachments:
Draft Ordinance
PC Report