Chapter 16 Nonconforming Use or Structure

• Library: The Zoning and Land Use Handbook (ABA) (2016 Ed.)

Chapter 16 Nonconforming Use or Structure

A. Definition of Nonconforming Use

A "nonconforming use" is a use that lawfully existed prior to the enactment of a zoning ordinance and which is maintained after the effective date of the ordinance, although it does not comply with the use restrictions applicable to the area in which it is located.¹

B. Definition of Nonconforming Structure

A "nonconforming structure" is a building or structure that lawfully existed prior to the enactment of a zoning ordinance and which is maintained after the effective date of the ordinance, although it does not comply with all of the regulations of the new ordinance.²

C. Distinguishing Nonconforming Use from Nonconforming Structure

The distinction between a nonconforming use and a nonconforming structure can be a meaningful one. The distinction is most important as it relates to the elimination of such use or structure. A nonconforming use can be eliminated by the corporate authorities upon its discontinuance. A structure can be eliminated when it is destroyed or severely damaged or when it has reached the age fixed by the corporate authorities as its normal useful life.³

The City of Chicago Zoning Ordinance contains the following provisions⁴
17-15-0102 Intent
In older cities, such as Chicago, many buildings and uses that were established in compliance with all regulations in effect at the time of their establishment have been made nonconforming by zoning map changes (rezonings) or amendments to the Zoning Ordinance text. The regulations of this chapter are intended to clarify the effect of such nonconforming status and avoid confusion with illegal buildings and uses (those established in violation of zoning rules.) The regulations are also intended to:
17-15-0102-A
recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;
17-15-102-B
promote maintenance, reuse and rehabilitation of existing buildings; and
17-15-102-C
place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.
* * * 17-15-103 Authority to Continue
Any nonconformity that existed on the effective dates specified in Section 1 7-1-0200 or any situation that becomes a nonconformity upon adoption of any amendment to this Zoning Ordinance, may be continued in accordance with the regulations of this Chapter.⁵
* * * 17-15-0302 Change of Use
17-15-0302A
A nonconforming use may be changed to any other use allowed by the subject zoning classification.
17-15-0302B
The Zoning Administrator is authorized to approve an administrative adjustment allowing a nonconforming use to be changed to another use that is classified in the same use category . . . or to another functionally similar use, provide that the Zoning Administrator determines that the substituted use will create no greater adverse impacts on the surrounding area than the previous use. In making such a determination, the Zoning Administrator must consider all of the following factors:

1. hours of operation;
2. vehicular traffic;
3. the number of employees and other people expected to be attracted to the use; and
4. other factors likely to affect the neighborhood in which it is located.⁶

D. Limitations of Power in Dealing with Nonconforming Uses and Structures

Illinois statutes contain a specific limitation upon the authority of non-home rule municipalities to deal with nonconforming uses. The applicable section of the statute states as follows:

The powers

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