A.   Purposes. This Article regulates and limits the continued existence of uses, structures, lots, and signs established prior to the effective date of this Code that do not conform to the applicable regulations of this Code. Any legal nonconforming use, structure, lot, or sign existing at the time of the passage of this Code may be maintained, repaired, restored, remodeled, or altered, subject to the regulations in this Article.

   B.   General Scope and Scheme of Regulation. Separate restrictions are established for nonconforming uses of land and nonconforming uses of structures, nonconforming structures, nonconforming lots of record, and nonconforming signs. The degree of restriction made applicable to each category of noncon-formity is generally related to the degree of incompatibility with permitted uses and the amount of investment typically associated with non-conformities of that type.

   C.   Exception for Repairs Pursuant to Public Order. Nothing in this Article shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and 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.

   D.   Nonconforming Accessory Uses and Structures. No use or structure that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have been terminated, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.

   E.   Railroad or Railway Purposes. Any right-of-way, station grounds, or other premises located in any district and now used for railroad or railway purposes shall be considered a nonconforming use until such time as such premises shall cease to be used for railroad or railway purposes, after which the use of such premises shall, except as provided in Subsection 6-102G, conform with the provisions of this Code.

   A.   Authority to Continue. Except as provided in Subsection I of this Section, any lawfully existing nonconforming use, whether or not it involves the use of a principal or accessory structure, 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 Subsection D of Section 6-101 of this Code.

   For purposes of this Section, any structure that is used in connection with a nonconforming use of land and that has an assessed value of less than $5,000 on the effective date of this Code or any amendment hereto creating such nonconformity shall be considered to be a structure accessory to a noncon-forming use of land.

   B.   Ordinary Repair and Maintenance. 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 that is accessory to a nonconforming use of land or that is 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.

   C.   Structural Alteration. A structure that is accessory to a nonconforming use of land or that is devoted in whole or in part to a nonconforming use may be structurally altered; provided, however, that this Subsection shall not be deemed to authorize any violation of Subsection D through I of this Section; and provided further that no such alteration shall create a new parking, bulk, yard, or space nonconformity or increase the degree of any existing parking, bulk, yard, or space nonconformity of such structure. In determining whether a parking nonconformity has been created or increased, the provisions of Paragraph 5-104B1 of this Code shall control.

   D.   Enlargement of Structure. No structure that is accessory to a nonconforming use of land or that is 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, bulk, yard, or space nonconformity or increase the degree of any existing parking, bulk, yard, or space nonconformity of such structure. In determining whether a parking nonconformity has been created or increased, the provisions of Paragraph 5-104B1 of this Code shall control.

   E.   Extension of Use. A nonconforming use of land or of a structure that is accessory to a nonconforming use of land or a nonconforming use in any other structure shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activity shall include, without limitation:

      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; and

      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 hereto 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.

   F.   Moving. No structure that is accessory to a nonconforming use of land or that is 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 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.

   G.   Change in Use. A nonconforming use of land not involving a structure or involving only a structure that is accessory to a nonconforming use of land or a nonconforming use in a structure shall not be changed to any use other than a use permitted in the zoning district in which the use or structure is located; provided, however, that the Board of Trustees may, after public notice and hearing, authorize in any location an existing nonconforming use to be replaced by another, different nonconforming use when such replacement use is either by a public service corporation or for a public utility, civic, or municipal purpose and is found by the Board of Trustees to be reasonably necessary for the public convenience and welfare. When such a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any non-permitted use. For purposes of this Subsection, 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.

   H.   Damage or Destruction. Any structure that is accessory to a nonconforming use of land or that is 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 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, bulk, yard, or space nonconformity or increasing the degree of any parking, bulk, yard, or space nonconformity existing prior to such damage or destruction; provided, however, that such structure may be restored if the Zoning Board of Appeals shall grant a variation pursuant to Section 7-403 of this Code to permit such restoration and continued nonconforming use. In determining whether a parking non-conformity has been created or increased, the provisions of Paragraph 5-104B1 of this Code shall control.

   When any such structure is damaged or destroyed by any means to the extent of 50 percent or less of the cost of replacement of the structure new, repair or restoration of such structure may be made and the nonconforming use may continue subject to the regulations of this Section; provided, however, that no repairs or restorations shall be made that would create any new parking, bulk, yard, or space nonconformity or increase the degree of any parking, 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 unless a building permit 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.

   I.   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 part or all of a principal structure is discontinued for a period of one year, regardless of any intent to resume or not to terminate such use, such use shall be deemed abandoned and 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.

   Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the non-conforming user, shall not be considered in calculating the length of discontinuance for purposes of this Subsection.

   A.   Authority to Continue. Any nonconforming structure that is devoted to a use that is permitted in the zoning district in which it is located may be maintained and replaced so long as it remains otherwise lawful, subject to the restrictions in Subsections B through D of this Section and Subsection E of Section 6-101 of this Code.

   B.   Repair, Maintenance, Alterations, Enlargement, and Replacement. Any nonconforming structure may be repaired, maintained, altered, enlarged, or rebuilt or replaced following demolition, damage, or destruction; provided, however, that no such repair, maintenance, alteration, enlargement, or rebuilding or replacement shall either create any new parking, bulk, yard, or space nonconformity or increase the degree of any existing parking, bulk, yard, or space nonconformity of all or any part of such structure as it existed on the effective date of this Code, unless the Zoning Board of Appeals shall grant a variation pursuant to Section 7-403 of this Code.

   In addition, no repair, rebuilding, or replacement following demolition, damage, or destruction, shall be made except in conformity with the applicable district regulations unless a Certificate of Zoning Compliance is obtained and such repair, rebuilding, or replacement is actually begun within one year after the date of such damage or destruction and is diligently pursued to completion.

   For purposes of this Subsection B and without limitation, the vertical extension of a nonconforming structure shall be construed to increase the degree of the existing nonconformity of the structure unless such vertical extension conforms to all applicable parking, bulk, yard, and space regulations of this Code, or unless such vertical extension consists solely of a chimney or a modification to an existing roof line that does not result in any increase in gross floor area having a clear ceiling height of seven feet or more. (See January 2007 interpretation memo at end of Zoning Code.)

   C.   Authority to Continue Following Change in Use. Within the R-A, R-B, R-C, and R-D Zoning Districts, the authority to replace a demolished, damaged, or destroyed nonconforming structure set forth in this Section 6-103 above shall not apply when a nonconforming structure devoted to a use other than single-family residential is willfully demolished, in whole or in part, and is replaced with a structure devoted to a different use. When such a nonconforming structure is willfully demolished in whole or in part, any rebuilt or new structure or portion thereof may not continue any previously exising non-conformities and must meet all current requirements of this Code, unless a variation allowing the restoration of the nonconforming structure is granted by the Zoning Board of Appeals pursuant to Section 7-403 of this Code.

   D.   Moving. No nonconforming 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 so moved. (See January 2007 interpretation memo at end of Zoning Code.)

   E.   Damage or Destruction of Accessory Structure. Any nonconforming accessory structure that is damaged or destroyed, by any means, to the extent of more than 50 percent of the cost of replacement of such structure 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 in complete conformity with the parking, bulk, yard, and space regulations of such existing district; provided, however, that such structure may be restored to its prior nonconforming condition if the Zoning Board of Appeals shall grant a variation pursuant to Section 7-403 of this Code to permit such restoration.

(Am. Ord. 2025-11-3615, passed 4-17-2025)

   In any zoning district in which single family dwellings are a permitted use, notwith-standing the regulations imposed by any other provisions of this Article, a single family dwelling may be erected, and thereafter maintained, repaired, restored, replaced, altered, and enlarged, on a legal nonconforming lot of record that has a width and area each equal to at least 80 percent of the lot width and area required in the district in which such lot is located, provided that such construction shall comply with all the regulations (except lot area, shape, width, and depth) applicable to single family dwellings in such zoning district.

   A.   Authority to Continue. Except as provided in Subsection F of this Section, any lawfully existing nonconforming sign may be continued so long as it otherwise remains lawful, subject to the regulations contained in Subsections B through E of this Section and in Subsection D of Section 6-101 of this Code. The burden of establishing a sign to be a legal nonconforming sign under this Section shall rest on the person asserting the legal nonconforming status of such sign.

   B.   Ordinary Repair and Maintenance. Normal maintenance and incidental repair or replacement of non-bearing sign elements and electrical wiring and fixtures may be performed on any sign; provided, however, that any repair or replacement shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired or replaced, and provided further that this Subsection B shall not be deemed to authorize any violation of Subsections C through F of this Section.

   C.   Alteration; Enlargement; Moving. No nonconforming sign shall be changed or altered in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. A change in sign message which does not otherwise violate the provisions of this Code shall not be deemed to be prohibited by this Subsection.

   D.   Change of Sign. A nonconforming sign that has been changed to eliminate its nonconformity or any element of its nonconformity shall not thereafter be changed to restore such nonconformity or nonconforming element.

   E.   Damage or Destruction. Any nonconforming sign, or any nonconforming element of a sign capable of change or discontinuance separate from other elements of the sign, damaged or destroyed by any means to the extent of 35 percent or more of its replacement cost new shall not be restored but shall be removed or brought into conformity with the provisions of this Code.

   F.   Termination of Certain Signs.

      1.   Immediate Termination. The following nonconforming signs or sign features shall be terminated within 30 days after the effective date of this Code by removal of the sign or by alteration of the sign to eliminate the specified feature:

         (a)   Attention-getting devices.

         (b)   Moving or animated signs, except public service signs when expressly permitted by this Code.

         (c)   Temporary signs, except as expressly permitted by Section 5-105 of this Code.

         (d)   Any sign on a tree or utility pole, whether on public or private property, except governmental signs authorized in Section 5-105 of this Code.

         (e)   Any sign on public property, except governmental signs and civic event signs authorized in Section 5-105 of this Code.

         (f)   Any sign that violates any provision or requirement of Paragraphs 5-105E1 through 5-105E3 or 5-105E5 through 5-105E10 or Paragraph 5-105E15 of this Code.

         (g)   Any sign constructed or erected without a valid permit.

         (h)   Any sign that should have been removed pursuant to Subsection 9-49.3(c) of the Glencoe Village Code as in force immediately prior to the effective date of this Code.

      2.   Termination by Abandonment. Any nonconforming sign the use of which is discontinued for a period of 60 consecutive days, regardless of any intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not thereafter be reestablished or resumed. Every such sign, including all of its structural elements, shall be immediately removed or brought into conformity with the provisions of this Code. Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this paragraph.

      3.   Termination by Change of Business. Any nonconforming sign advertising, identifying, or pertaining to a business on the premises on which it is located shall be terminated upon any change in the use of the property on which the sign is located. Every such sign, including all of its structural elements, shall be immediately removed or brought into con-formity with the provisions of this Code.