The purpose of this article is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which such nonconforming buildings, structures, and uses may be continued and/or redeveloped.

This article establishes separate districts for the location of uses permitted in those districts. It is necessary and consistent with the establishment of those districts that nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

(2005 Code)

Any nonconforming building, structure, or use existing lawfully at the time of the adoption of this chapter and remains nonconforming, and any building, structure or use rendered nonconforming by the adoption of this chapter, or by any subsequent amendments thereto, may be continued subject to the regulations that follow.

The burden of establishing that any nonconformity is a legal nonconformity as defined by this chapter shall, in all cases, be the responsibility of the owner or user of the nonconformity.

(2005 Code)

A.

A nonconforming building, structure or use shall not be enlarged upon, expanded, or extended in any way unless the alteration conforms with the regulations of the district within which it is located. Any nonconforming building or structure is eligible for nonstructural repairs including the replacement of roof covering, veneering of outer walls and incidental repairs which do not extend or intensify the nonconformities.

1.

Repairs and alterations may be made to return a building or structure to a safe condition in accordance with an order by a public official who is charged with protecting the public safety and who declares such building or structure to be unsafe and orders its restoration to a safe condition, provided that such restoration does not otherwise violate the provisions of Section 37-502.4 of this chapter.

2.

A building containing a nonconforming residential use may be altered to increase the livability of the building, provided that no structural alteration shall be made which would increase the number of dwelling units in the building.

(2005 Code)

A.

BUILDINGS OR STRUCTURES DESIGNED OR USES NOT CURRENTLY ALLOWED IN THE ZONING DISTRICT: Additions or enlargements may be made only to make the building, structure or use conform to the regulations of the district in which it is located.

1.

No building or structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by the nonconforming use.

2.

No building or structure which is considered nonconforming with respect to this chapter shall be altered or expanded in any manner which would increase the degree or extent of the nonconformity.

B.

ADDITIONS AND ENLARGEMENTS: Except for required yards, any nonconforming building or structure, which is nonconforming as to bulk only, and is designed or intended for a use permitted in the district, shall not be added to or enlarged in any manner unless such additions or enlargements thereto conform to all the regulations of the district where such building or structure is located, and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:

1.

Regulations concerning the amount of lot area per dwelling unit, as provided in this chapter.

2.

The allowable floor area ratio or permitted height as provided in this chapter.

3.

The allowable gross floor area per building or structure s provided in this chapter.

4.

That no required yard shall be encroached upon or further encroached upon where such required yard is already nonconforming.

(2005 Code)

No nonconforming building, structure or use shall be moved in whole or in part to any other location on the same or any other zoning lot unless every portion of such building or structure, and the use thereof, conforms to all of the regulations of the district where it is to be located.

(2005 Code)

A nonconforming building, structure or use which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was before the occurrence shall exceed fifty percent (50%) or more of its replacement value at that time, shall not be restored unless said building, structure, or use shall conform to all of the regulations of the district where it is located.

In the event such damage or destruction is less than fifty percent (50%) of the replacement value at the time of replacement, no repairs or reconstruction shall be made unless such restoration is started within one (1) year from the date of partial destruction and is completed within one (1) year thereafter.

If the restoration is not started within one (1) year the building or structure shall be removed and the area cleared by the owner.

(2005 Code)

If the nonconforming use of a building, structure, or property is discontinued for a continuous period of twelve (12) months, it shall not be renewed, and any subsequent use of the building, structure, or property shall conform to the use regulations of the district where such building, structure or property is located.

(2005 Code)

The nonconforming use of land, not involving a structure or building or in connection with any building or structure thereon, which is incidental or accessory to the principal use of the land, may be continued subject to the following:

A.

A nonconforming use of land shall not be expanded or extended beyond the area included in the ownership existing at the time the use of land became nonconforming.

B.

If the nonconforming use of land is discontinued for a period of twelve (12) consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.

C.

The nonconforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.

D.

Any recorded lot or tract of land which existed legally at the time of adoption of this chapter and is made nonconforming by this chapter due to bulk requirements, or any lot made nonconforming as to bulk requirements by the acquisition (by negotiation or condemnation) of a portion of said tract for public purposes by any public agencies shall be considered a buildable lot for any permitted or conditional use in the district in which the lot is located, provided that the use meets the requirements of the other codes and ordinances of DuPage County and provided the lot is in compliance with the minimum standards of Section 37-404.5 of this chapter.

(2005 Code)