§ 6-4-1-8. GENERAL LOT AND BULK CONTROLS.
(A)
Control Over Lots: Except as hereinafter provided, no lot, building, structure or premises shall hereafter be used or occupied; no building, structure or premises or part thereof shall be erected, razed, moved, reconstructed, extended, or enlarged except in conformity with the regulations and requirements herein specified for the district in which it is located.
1.
In the R1 through R6 districts, a lot shown on a plat properly recorded in the office of the Cook County recorder or registrar of Torrens titles prior to December 2, 1960, which does not meet the requirements of this Title as to width or area but has a minimum lot width of thirty-five (35) feet, may be used for the following dwelling purposes, if it substantially conforms to other requirements of this Title: a) R1 and R2: single-family dwelling (subject to the limitations/requirements found in Table 4-B of Section 6-4-1-7 of this Chapter); b) R3 through R6 districts: two-family dwelling unit building/duplex.
However, a recorded nonconforming lot may not be used if it was held in common ownership with one (1) or more adjoining lots at any time subsequent to December 2, 1960. Such lots may be used if such lots so held in common ownership together, when used as a single parcel, meet or more nearly meet the requirements of this Title.
(Ord. 70-0-07)
2.
Where two (2) or more adjoining lots shown on a plat properly recorded with the office of the Cook County recorder or registrar of Torrens titles have been held in common ownership at any time subsequent to December 2, 1960, and the use of such adjoining lots as a single parcel would meet or more nearly meet the requirements of this Ordinance, such lots shall not be used in any way to conflict with the regulations of this Ordinance nor shall the ownership of said lots be separated unless such separated lots shall each satisfy a minimum lot width of thirty-five (35) feet except as provided for in Section 6-4-1-7 of this Chapter. Provided that any lot platted prior to the effective date of December 2, 1960, shall be exempt from the minimum lot width requirements of this Ordinance so that previously platted lots may be developed.
3.
No building permits shall be issued for the use of any lot or portion of lots sold, transferred, or conveyed in violation of the provisions of this Section.
4.
Notwithstanding the other provisions of this Section, so long as the lot or lots and the structure or structures thereon, when viewed or treated as a whole, conform with or would not further conflict with the requirements of this Ordinance, then the ownership of individual attached single-family dwelling units (group, row or town houses), garages and appurtenant land (which need not be contiguous), may be conveyed pursuant to any of the three (3) following alternatives:
(a)
As a condominium, a cooperative, or by means of any other arrangement by which the land would remain under single ownership.
(b)
For those townhouse units that share no common elements such as plumbing and heating, parking or access, the individual units may be conveyed, provided mutual covenants are recorded prohibiting any expansion of or additions to the building of which the units are a part, and that in the event of demolition, destruction or condemnation of one (1) or more, but less than all the units, any units constructed may only replace the unit or units that were demolished, destroyed or condemned.
(c)
For all other townhouse buildings, separation of ownership and conveyance of individual units may occur if mutual easements and covenants that recite all the restrictions contained herein and that run with the land and govern at least maintenance and repair of the property and the individual dwelling units thereon are duly recorded against the property as a whole. No townhouse building for which the ownership of individual units is separated under this Section may be expanded or enlarged.
In the event of demolition, destruction or condemnation of one (1) or more, but less than all, of the units, any units constructed may only replace the unit or units that were demolished, destroyed, or condemned. In the event of demolition, destruction, or condemnation of all of the units on the property, new construction must conform to the then existing zoning ordinance.
(d)
Said covenant(s), referred to in (A)4(b) and (c) above, shall be recorded in the office of the Cook County Recorder and a copy of which shall be filed with the Zoning Administrator. Said filings shall not be deemed to constitute approval of the City of such covenant.
(B)
Control Over Bulk:
1.
All new buildings and structures shall conform to the bulk regulations established herein for the district in which each building or structure is located. No existing building or structure shall be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to create a conflict or to further conflict with the bulk regulations of this Ordinance for the district in which such building or structure is located. Any enlargement, reconstruction, alteration or relocation shall not be permitted for buildings occupied in whole or in part by a nonconforming use, nor for the purposes of adding a dwelling unit or to increase the density of a residential use unless the building is brought into conformity with all applicable requirements of this Ordinance.
2.
Nothing contained in this Section 6-4-1-8, the district regulations, or Chapter 6, "Nonconforming Uses and Noncomplying Structures," shall be construed to prevent any existing building or structure that is noncomplying only with respect to required yards, from being enlarged, reconstructed, structurally altered, or relocated in a manner that will not further conflict with the provisions of this Ordinance or increase the nonconforming aspects of said building or structure.
3.
In case any of the provisions of this Section 6-4-1-8 are more restrictive than the provisions of Chapter 6, "Nonconforming Uses and Noncomplying Structures," Chapter 6 shall control.