This Article regulates and limits the continued existence of uses, structures, including pre-code structures in Section 9-104, lots, and signs established prior to the effective date of this Code that do not conform to the regulations of this Code applicable in the zoning districts in which such uses, structures, lots, and signs are located.

The zoning districts established by this Code are designed to guide the future use of land within the Village by encouraging the development or maintenance of desirable residential, commercial, office, and industrial areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such nonconformities is generally desirable.

Separate restrictions are established for nonconforming uses of land and nonconforming uses of structures designed for a permitted use, nonconforming uses of structures not designed for a permitted use, nonconforming "pre-code" structures, nonconforming lots of record, and nonconforming signs. The degree of restriction made applicable to each category of nonconformity is generally related to the degree of incompatibility with permitted uses and the amount of investment typically associated with nonconformities of that type. Pursuant to Section 11-503 of this Code, provision is made for relief from some of the restrictions of this Article where practical difficulties exist.

In the cases of nonconforming uses of land, nonconforming uses in structures designed for a permitted use, and nonconforming signs, the degree of incompatibility is frequently great, the investment is comparatively small and the economic life is short. In these cases, elimination of the nonconformity is required after a relatively short, but reasonable, amortization period. In the case of nonconforming uses in structures not designed for any conforming use, the degree of incompatibility is also frequently great, but so too is the investment and economic life of the structure.

In such cases, while eventual elimination is required, a more extended period is allowed in which to amortize the investment. While the regulations of this Article allow such nonconformities to continue without specific limitation of time, they restrict further investment that would make more permanent their location in inappropriate districts.

Nothing in this Article shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with a written order of a public official who is charged with protecting the public safety who declares such structure to be unsafe and orders its restoration to a safe condition, provided such restoration is not otherwise in violation of the various provisions of this Article prohibiting the repair or restoration of partially damaged or destroyed structures or signs.

No use, structure, lot, or sign that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure is terminated, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.

1.

Burden of Owner to Establish Legality of Nonconformity. The burden of establishing that any nonconformity is lawfully existing under the provisions of this Article shall, in all cases, be upon the owner of such nonconformity and not upon the Village.

2.

Inventory and Notice of Nonconforming Uses and Signs Subject to Termination. Within a reasonable time after the effective date of this Code, or any amendment thereto creating new nonconformities, and pursuant to Subsection 11-101M of this Code, the Zoning Administrator shall inventory all nonconforming uses and determine the names and addresses of the owners of record thereof and shall also inventory all signs and determine the names and addresses of the owners thereof or, in any case where such a determination is impractical, the owner or lessee of the premises on which such signs is located.

For each such nonconformity inventoried, the Zoning Administrator shall determine the nature and extent of the nonconformity and the date, if any, on which such nonconformity is required to be terminated pursuant to the provision of this Article.

Upon making such determination, the Zoning Administrator shall notify the aforesaid owner or lessee in writing of his determination. Such inventory and notices shall be kept on file with the Village Clerk and shall be a matter of public record.

Compilation of the inventory required pursuant to this Paragraph and giving notice pursuant to this Paragraph shall not be deemed conditions precedent to the running of any amortization period specified in this Article, nor shall the failure of the Zoning Administrator to carry out such tasks in any manner relieve the owner of a nonconformity of his duty to terminate such nonconformity in accordance with the provisions of this Article.

The determinations of the Zoning Administrator made pursuant to this paragraph shall be subject to appeal to the Zoning Board of Appeals in the same manner as other rulings and interpretations.

3.

Certificate of Occupancy for Legal Nonconformities. The owner, or any person receiving notice, of any nonconforming use, structure, lot, or sign may at any time apply to the Zoning Administrator for a Certificate of Occupancy to confirm the legality of such nonconformity as of a specified date. Such application shall be filed and processed pursuant to the provisions of Section 11-402 of this Code.

Any person receiving a notice of a nonconforming use or sign pursuant to Paragraph E2 above shall be required, within 60 days of the receipt of such notice, to apply to the Zoning Administrator for such a Certificate of Occupancy with respect to the nonconformity identified in said notice. Unless an appeal from the determination of the Zoning Administrator contained in said notice has been filed, such application shall be accompanied by an affidavit admitting such determination. Such affidavit shall be kept on file by the Village Clerk and shall be a matter of public record.

If, upon reviewing an application for a Certificate of Occupancy for a nonconformity, the Zoning Administrator shall determine that the use, structure, lot, or sign in question was lawfully existing at the time of the adoption of the provision creating the nonconformity in question, and remains lawful existing subject only to such nonconformity at the time of such application, and that any required affidavit is in order, the Zoning Administrator shall issue a Certificate of Occupancy evidencing such facts and setting forth the nature and extent of the nonconformity and the date, if any, upon which such nonconformity is required to be terminated; otherwise, the Zoning Administrator shall decline to issue such Certificate and shall declare such building, structure, lot, or sign to be in violation of this Code.

A.

Any sign located within the Village limits on the effective date of this Zoning Ordinance that does not conform to the provisions of Section 8-106, Signs, is a "legal nonconforming" sign, provided it also meets the following requirements:

1.

The sign was approved by:

a.

a sign permit on the effective date of this Zoning Ordinance, or amendment hereto, if a permit was required under applicable law; or,

b.

if no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law (including, planned development approval documents) immediately prior to the effective date or had legal nonconforming status at such time; and

2.

The sign is a permanent sign.

B.

A nonconforming sign which has been damaged by fire, wind or other cause in excess of 50 percent of its replacement cost shall not be restored except in conformance with this Zoning Ordinance.

C.

If an element of a sign that causes the sign to be nonconforming is removed, it shall not be replaced, except with a conforming element. For example, if a sign is nonconforming with respect to the items of information limitation, and a tenant panel is removed, then the new tenant panel shall be conforming with respect to its proportional share of items of information (e.g., if a five-panel directory sign has a total of 60 items of information, but only 20 are allowed, then when a single panel is replaced, the new panel may include up to four items of information).

D.

If a nonconforming sign structure does not display any message for a period of 30 days, it shall be removed or brought into conformance with this Zoning Ordinance.

E.

If a nonconforming sign structure is removed for any reason other than routine repair and maintenance, it shall not be replaced unless the replacement sign conforms to this Zoning Ordinance.

F.

Nonconforming signs that are a danger to the public safety due to damage or wear shall be removed and shall not be replaced unless the replacement sign conforms to this Zoning Ordinance.

Except as provided in Sections 9-101A-E, any lawfully existing nonconforming use not involving the use of a structure or involving only a structure that is accessory to a nonconforming use of land or located in a structure designed for a use permitted in the district in which it is located may be continued so long as it remains otherwise lawful, subject to the regulations contained in Subsections B through H of this Section, and in Subsections D and E of Section 9-101.

Normal maintenance and incidental repair replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring, or plumbing, may be performed on any structure that is accessory to a nonconforming use of land, or that is designed for a permitted use but devoted in whole or in part to a nonconforming use; provided, however, that this Subsection shall not be deemed to authorize any violation of Subsections C through I of this Section.

No structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use shall be structurally altered unless the use thereof shall thereafter conform to the use regulations of the zoning district in which it is located. No such alteration shall create a new parking, loading, bulk, yard, or space nonconformity, or increase the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure. In determining whether a parking or loading nonconformity has been created or increased, the provisions of Paragraph 8-104B(1) and 8-105B(1) shall control.

No structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such structure shall thereafter conform to the use regulations of the district in which it is located. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure. In determining whether a parking or loading nonconformity has been created or increased, the provisions of paragraphs 8-104B(1) and 8-105B(1) shall control.

A nonconforming use of land or of a structure that is accessory to a nonconforming use of land, or a nonconforming use in a structure designed for a permitted use, shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activity shall include, without being limited to:

1.

An extension of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on the effective date of this Code or any amendment hereto that causes such use to become nonconforming.

2.

An extension of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this Code or any amendment thereto that causes such use to become nonconforming; and

3.

An extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this Code, or any amendment hereto that causes such use to become nonconforming.

No structure that is accessory to a nonconforming use of the land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same lot or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

A nonconforming use of land not involving a structure or involving only a structure that is accessory to the nonconforming use of land, or a nonconforming use in a structure designed for a use permitted in the district in which it is located, shall not be changed to any use other than a use permitted in the zoning district in which the use or structure is located. When such a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any nonconforming or non-permitted use. For purposes of this Subsection G, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a permitted use shall have commenced and continued for a period of five days. Any change of use in violation of this Subsection shall be deemed to be an abandonment of the lawfully existing nonconforming use.

Any structure that is accessory to a nonconforming use of land, or that is designed for a permitted use and devoted in whole or in part to a nonconforming use, and that is damaged or destroyed, by any means, to the extent of more than 50 percent of the cost of replacement of such structure as new, shall not be restored unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located and unless such restoration is accomplished without creating any new parking, loading, bulk, yard, or space nonconformity or increasing the degree of any parking, loading, bulk, yard, or space nonconformity existing prior to such damage or destruction. In determining whether a parking or loading nonconformity has been created or increased the provisions of Paragraphs 8-104B(1) and 8-105B(1) shall control.

Where any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent 50 percent or less of the cost of replacement of the structure as new, repair or restoration of such structure may be made; provided, however, that no repairs or restorations shall be made that would create any new parking, loading, bulk, yard, or space nonconformity, or increase the degree of any parking, loading, bulk, yard, or space nonconformity existing prior to such damage or destruction; nor shall any repairs or restoration except in conformity with the applicable zoning district regulations be made, and unless a Certificate of Zoning Compliance is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.

In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored, except in accordance with Subsections B, C, and D of this Section.

1.

Termination by Abandonment. When a nonconforming use of land not involving a structure or involving only a structure that is accessory to the nonconforming use of land, or when a nonconforming use of a part or all of a structure that was designed for a use that is permitted in the zoning district in which such structure is located, is discontinued or abandoned for a period of six consecutive months, regardless of intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located.

If the nonconforming user proves to the satisfaction of the Code Official that a period of such discontinuance was caused by government action, strikes, material shortages, or acts of God without any contributing fault by the nonconforming user, that period of discontinuance shall not be considered in calculating the length of discontinuance for purposes of this Paragraph.

Except as provided in Subsection I of this Section, any lawfully existing nonconforming use located in a structure not designed or intended for any use permitted in the district in which it is located may be continued so long as it remains otherwise lawful, subject to the regulations contained in Subsections B through H of this Section and in Subsections D and E of Section 9-101.

Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring, or plumbing, may be performed on any structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located; provided, however, that this Subsection shall not be deemed to authorize any violation of Subsections C through I of this Section.

No structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located shall be structurally altered unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. No such alteration shall create a new parking, loading, bulk, yard, or space nonconformity nor increase the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure. In determining whether a parking or loading nonconformity has been created or increased the provision of Paragraphs 8-104B.1 and 8-105B.1 shall control.

No structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located shall be enlarged or added to in any manner, including the interior addition of floor area, unless the entire structure and the use thereof shall thereafter conform to all the regulations of the district in which it is located. No such alteration shall create a new parking, loading, bulk, yard, or space nonconformity or increase the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure. In determining whether parking or loading nonconformity has been created or increased, the provisions of Paragraphs 8-104B(1) and 8-105B(1) shall control.

1.

Prohibited Extensions. A nonconforming use in a structure not designed or intended for any use permitted in the district in which such structure is located shall not be extended, expanded, enlarged, or increased in intensity by:

(a)

An extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this Code, or any amendment hereto that causes such use to become nonconforming; or

(b)

An extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this Code or any amendment hereto that causes such use to become nonconforming.

2.

Permitted Extensions. A nonconforming use in a structure not designed or intended for any use permitted in the district in which such structure is located may be extended throughout any part of such structure lawfully existing on the effective date of this Code or any amendment hereto that causes such use to become nonconforming; provided, however, that such extension shall not be allowed unless off-street parking and loading spaces required for such extension can be, and are, provided in accordance with the requirements and restrictions of Section 8-104 and 8-105 of this Code. No such extension shall be deemed to affect the duty to terminate such use pursuant to Sections 9-101A-E.

No structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

A nonconforming use in a structure not designed or intended for use permitted in the district in which such structure is located shall not be changed to any use other than a nonconforming use of a more restricted classification or a use permitted in the zoning district in which the structure is located. When a nonconforming use has been changed to a more restricted nonconforming use or to a permitted use, it shall not thereafter be changed back to a less restricted nonconforming use. For purposes of this Subsection G, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a more restricted nonconforming use or a permitted use shall have commenced and continued for a period of five days. Any change of use in violation of this Subsection shall be deemed to be an abandonment of the lawfully existing nonconforming use.

Any structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located that is damaged or destroyed, by any means, to the extent of more than fifty percent of the cost of replacement of such structure as new shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located and unless such restoration is accomplished without creating a new parking, loading, bulk, yard, or space nonconformity or increasing the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure existing prior to such damage or destruction. In determining whether a parking or loading nonconformity has been created or increased, the provisions of Paragraphs 8-104B(1) and 8-105B(1) shall control.

Where any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 50 percent or less of the cost of replacement of the structure as new, repair, or restoration of such structure may be made; provided, however, that no repairs or restorations shall be made that would create any new parking, loading, bulk, or space nonconformity, or increase the degree of any parking, loading, bulk, yard, or space nonconformity of such structure existing prior to such damage or destruction; nor shall any repairs or restoration except in conformity with the applicable zoning district regulations be made and unless a Certificate of Zoning Compliance is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.

In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with Subsections B, C, and D of this Section.

1.

Termination in Accordance with Previous Amortization Schedule. RESERVED.

2.

Termination by Abandonment. When a nonconforming use of a part or all of a structure that was not designed or intended for any use permitted in the zoning district in which such structure is located is discontinued or abandoned for a period of six consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such structure shall comply with the use regulations of the district in which such structure is located.

If the nonconforming user proves to the satisfaction of the Zoning Administrator that a period of such discontinuance was caused by government action, strikes, material shortages, or acts of God without any contributing fault by the nonconforming user, that period of discontinuance shall not be considered in calculating the length of discontinuance for purposes of this Paragraph.

Any pre-code structure that is devoted to a use that is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in Subsections B through E of this Section and Subsection D of Section 9-101.

Normal maintenance and incidental repair may be performed on any pre-code structure; provided, however, that this Subsection shall not be deemed to authorize any violation of Subsections C through E of this Section.

1.

All Districts. Any pre-code structure may be altered or enlarged, provided that such alteration or enlargement conforms to all applicable height, yard, setback, floor area ratio, and all other requirements of the zoning district in which the structure is located.

2.

Exceptions for Single-Family Detached Dwellings in Single-Family Residential Districts. Notwithstanding the preceding sentence, in the case of single-family detached dwellings in single-family residential districts, the following exceptions shall apply:

a)

Nonconformities with respect to a required side yard may be altered or enlarged by extending vertically within its existing perimeter walls; provided, however, that (i) no such extension shall be located nearer to the side lot line than the minimum side yard requirement for such yard in the zoning district in which it is located, and (ii) if all of the side yards that are provided for the pre-code structure do not comply with all of the applicable side yard requirements, including any minimum total side yard requirement, of the zoning district in which it is located, then the maximum height of such alteration or enlargement shall not exceed 30 feet; and

b)

Any portion of a pre-code structure that is nonconforming with respect to a required side yard may be altered or enlarged by extending horizontally between the required front and rear yard lines at a distance from the side lot line equal to at least the minimum existing distance between said side lot line and said nonconforming portion; provided, however, that (i) no such extension shall be located nearer to the side lot line than the minimum side yard requirement for such yard in the zoning district in which it is located, and (ii) if all of the side yards that are provided for the pre-code structure do not comply with all of the applicable side yard requirements, including any minimum total side yard requirement, of the zoning district in which it is located, then the maximum height of such alteration or enlargement shall not exceed 30 feet.

The exceptions in this Paragraph 2 shall not apply to any alteration or enlargement of any pre-code structure that requires the removal of more than 40 percent of the total linear feet of the existing exterior walls of the pre-code structure as measured around the exterior perimeter of the structure.

No pre-code structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

Any pre-code structure that is damaged or destroyed, by any means not within the control of the owner thereof, to any extent, may be repaired or restored, provided, however, that no repair or restoration shall be made that would create any new nonconformity unless a Certificate of Zoning Compliance is obtained and restoration is actually begun within one year after the date of such damage or destruction and is diligently pursued to completion; and in no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with Subsection C of this Section.

In any district in which dwellings are a permitted dwelling of the type permitted in the district in which the lot is located and that complies with the requirements of the district in which the lot is located, including floor area ratio, lot coverage, and yard requirements, except the lot area, lot width, and lot depth requirements, such a dwelling may be erected on a legal nonconforming lot of record or any parcel or tract of land created by real estate tax divisions prior to the date of adoption of this ordinance.

In any district in which dwellings are not permitted, a legal nonconforming lot of record may be used for any use permitted in the district in which it is located if, but only if, the development of such lot meets all requirements of the district in which it is located, including floor area ratio except lot area, width, and depth requirements.