(a)

This article establishes districts, each of which is an appropriate location only for the uses, buildings and other structures permitted therein by this article. Within such districts, however, there exist nonconformities that were lawful before the effective date of the ordinance from which this article is derived, but that could not be newly constructed under the terms of this chapter. Future amendments to this chapter may be expected to create additional nonconformities.

(b)

Recognizing the legitimate interest of those who lawfully established such nonconformities, this article is intended to permit most of such nonconformities to continue indefinitely. However, the Village desires, pursuant to the authority granted in section 11-13-1 of the Illinois Municipal Code, to eventually eliminate the types of nonconformities which have the most serious adverse effect on the surrounding areas. It is also recognized and declared that nonconformities substantially and adversely affect the orderly development, maintenance, use and taxable value of other property in the district-property that is itself subject to the regulations of this article. Therefore, it is necessary and consistent with the establishment of districts to strictly regulate nonconformities and encourage that such nonconformities be brought into eventual compliance with the standards of this chapter. Accordingly, nonconformities are divided into the following four classes:

(1)

Lots smaller than the minimum now required (see section 98-252);

(2)

Residential buildings which meet the present use regulations, but not the present bulk regulations (see section 98-253);

(3)

Nonresidential buildings which meet the present use regulations, but not the present bulk regulations (see section 98-254); and

(4)

Buildings and uses which do not meet the present use regulations (see section 98-255).

(c)

The failure of any existing use, building or structure to comply with any of the standards of this chapter, other than the use and bulk regulations of the district in which such use, building or structure is located, shall not cause such use, building or structure to become a nonconformity within the meaning of this article.

(Code 1959, § 24.9.1; Ord. No. 4512, 4-15-2003)

(a)

Residential districts.

(1)

In any residential district, notwithstanding regulations imposed by other provisions of this chapter, a single-family dwelling, or an addition thereto, which complies with the regulations of subsection (a)(2) of this section, may be erected on a lot consisting entirely of a tract of land that:

a.

Has less than the prescribed minimum lot size or width, or both;

b.

Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning ordinance; and

c.

Has continuously remained in separate and individual ownership from adjoining tracts of land during the entire time that the creation of such lot has been prohibited by the applicable zoning ordinance.

(2)

Construction permitted by subsection (a)(1) of this section shall comply with all regulations, except lot size and width, applicable to single-family dwellings in the district in which the lot in question is located; provided, however, that the following side yard requirements shall apply to lots with less than the required lot width in place of the side yard requirements otherwise applicable, but shall in no case permit a required side yard of less than six feet:

a.

The sum of the width of the two side yards on each lot shall not be less than the smaller of:

1.

Twenty-four percent of the width of the lot; or

2.

The minimum total for both side yards prescribed by the bulk regulations for such district.

b.

No side yard width shall be less than ten percent of the width of the lot and in no case less than six feet.

c.

The width of any side yard that adjoins a public street shall not in any event be less than ten feet.

(b)

Districts other than residential districts.

(1)

In any district other than a residential district, notwithstanding regulations imposed by other provisions of this chapter, a building designed for any permitted use, other than a multiple-family dwelling, may be erected on a lot of the type as set forth in subsection (a)(1) of this section.

(2)

Construction permitted by subsection (b)(1) of this section shall comply with all regulations, except lot size and width, applicable in the district in which the lot in question is located; provided, however, that the width of any side yard need not be greater than that derived by applying the following equation (width required = x):

x / Actual lot width = Minimum side yard required by district regulations / Minimum lot width required by district regulations

(Code 1959, § 24.9.2; Ord. No. 4512, 4-15-2003)

In residential districts, residential buildings or accessory structures which contain no nonconforming use, but which does not comply with the applicable bulk regulations, may be continued as long as it remains otherwise lawful, subject to the following regulations:

(1)

Enlargement, maintenance, repair and structural alteration. Such residential building or accessory structure may be enlarged, maintained, repaired or structurally altered; provided, however, that no such enlargement, maintenance, repair or structural alteration shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such residential building or accessory structure, except when an existing nonconforming single-family building is nonconforming in setback only, by no more than ten percent of the required setback, the community development director may, in his discretion, allow a second floor addition in accordance with the provisions of section 98-43(d), and in consideration of the criteria listed in section 98-47(c).

(2)

Damage or destruction. If a nonconforming residential building or accessory structure is damaged or destroyed by any means, it may be reconstructed within the original gross foundation area.

(3)

Moving. No nonconforming residential building residential building or accessory 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 residential building or accessory structure shall thereafter conform to the regulations of the district in which it is located after being moved.

(Code 1959, § 24.9.3; Ord. No. 4512, 4-15-2003; Ord. No. 6669, § 2, 5-6-2025)

In districts other than residential districts, a building or structure which is devoted to a use permitted by the applicable district regulations, but does not comply with the applicable bulk regulations, may be continued as long as it remains otherwise lawful, subject to the following regulations:

(1)

Ordinary repair and maintenance.

a.

Work may be done on ordinary maintenance and repair, or on repair, replacement, installation or relocation of nonbearing walls or partitions, or fixtures, wiring or plumbing; provided, however, that this subsection shall not be deemed to authorize any violation of subsections (2)—(5) of this section.

b.

Nothing in this subsection (1) shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure, other than a damaged or destroyed building or other structure subject to the provisions of subsection (4) of this section, in accordance with the order of a public official who is charged with protecting the public safety and who declares such building or other structure to be unsafe and orders the restoration thereof to a safe condition.

(2)

Structural alteration. No structural alteration shall be made unless the entire building or other structure and use thereof shall thereafter conform to the regulations of the district in which it is located.

(3)

Enlargement. No such building or structure shall be enlarged or added to in any manner unless such building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

(4)

Damage or destruction. If any such building or structure is damaged or destroyed by any means to such an extent that the cost of restoration to the condition in which it was before such damage or destruction exceeds 50 percent of the current replacement cost of the entire building or structure, exclusive of foundations, such building or structure shall not be restored unless it shall thereafter conform to the regulations of the district in which it is located. Even if such damage is 50 percent or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

(5)

Moving. No such building or other structure 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 building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located after being moved.

(Code 1959, § 24.9.4; Ord. No. 4512, 4-15-2003)

Subject to the following regulations, there may be continued, as long as lawful, either a lawfully existing nonconforming use of part or all of a building or other structure, or a lawfully existing nonconforming use of an undeveloped lot.

(1)

Ordinary repair and maintenance.

a.

Work may be done on ordinary maintenance and repairs, or on repair, replacement, installation or relocation of nonbearing walls or partitions, or fixtures, wiring or plumbing; provided, however, that this subsection shall not be deemed to authorize any violation of subsections (2)—(8) of this section.

b.

Nothing in this subsection (1) shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure in accordance with the order of a public official who is charged with protecting the public safety and who declares such building or other structure to be unsafe and orders its restoration to a safe condition, where such restoration will not be in violation of subsection (5) of this section.

(2)

Structural alteration. No structural alteration shall be made unless the entire building or other structure and use thereof shall thereafter conform to the regulations of the district in which it is located.

(3)

Extension, expansion, enlargement or increase in intensity. A nonconforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include, but not be limited to:

a.

Extension of such use to any building, other structure or land area other than one occupied by such nonconforming use on the effective date of the ordinance from which this article is derived or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming.

b.

Extension of such use 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 the ordinance from which this article is derived or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming; provided, however, that such use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.

c.

Operation of such nonconforming use in such a manner as to conflict with, or further conflict with if already conflicting on the effective date of the ordinance from which this article is derived or on the effective date of a subsequent amendment thereto that results in such use becoming nonconforming, any standards established for the district in which the use is located.

(4)

Enlargement. No building or other structure that is devoted, in whole or in part, to a nonconforming use shall be enlarged or added to in any manner unless such building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

(5)

Damage or destruction. If any building or other structure that is devoted, in whole or in part, to a nonconforming use is damaged or destroyed by any means to such an extent that the cost of restoration to the condition in which it was before such damage or destruction exceeds 50 percent of the current replacement cost of the entire building or other structure, exclusive of foundations, such building or other structure shall not be restored unless such building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located. Whether the damage or destruction is more or less than 50 percent, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

(6)

Moving. No building or other structure 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 lot unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located after being 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 the regulations of the district in which it is located after being moved.

(7)

Change. A nonconforming use of a building or other structure, all or substantially all of which was originally designed or intended for a use which is permitted in the district in which it is located, shall not be changed to any use other than a use permitted in the district in which the land is located. When a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to a nonconforming use.

(8)

Abandonment. A building, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, which is or becomes vacant and is abandoned for a period of three months without any attempt to resume the use, shall not thereafter be occupied or used, except in a manner which conforms to the use regulations of the district in which it is located. If a nonconforming use of an undeveloped lot is abandoned for a period of one year without any attempt to resume the use, such use shall not thereafter be renewed, and any subsequent use of the land shall conform to the regulations of the district in which it is located.

(9)

Nonconforming accessory uses. No nonconforming accessory use shall continue after the principal use to which it is accessory has been abolished.

(Code 1959, § 24.9.5; Ord. No. 4512, 4-15-2003)

Where a use existed on the date of enactment of Ordinance No. 1400 (June 26, 1964) or any amendment thereto, and is permitted by Ordinance No. 1400 or any amendment thereto only as a conditional use in the district in which it is located, such use shall not be deemed a nonconforming use, but shall, without further action, be deemed a lawful conditional use in such district; provided, however, that any extension, expansion, enlargement or increase in intensity of existing business uses which, by operation of such ordinance, are converted to conditional uses, shall be required to comply with the applicable standards, bulk regulations of the district in which the use is located and related regulations as are provided for the business district zoning classification associated with the contemplated use, provided further, that this section shall not apply with respect to the utilization of outside illumination in any district and for which provision is made for its amortization under section 98-257(1).

(Code 1959, § 24.9.6; Ord. No. 4512, 4-15-2003)

(a)

Certain lawful nonconforming uses which do not comply with the regulations of this chapter shall be eliminated or made to conform within the following time periods:

(1)

In any district, any lawful nonconforming sign which does not comply with all the regulations of article VII shall be eliminated or made to conform within four years of annexation or from the effective date of the ordinance from which this article is derived, whichever is later. When a changeable copy sign (manual) existed within the Village on or before October 20, 1980, such sign shall be exempt from this section unless such sign is modified after such date.

(2)

In any district, any lawful nonconforming use of an undeveloped lot shall be eliminated within two years of annexation, or the effective date of the ordinance from which this article is derived, whichever is later.

(3)

In any residential district, any lawful nonconforming use, other than a multiple-family dwelling, which is located in a building originally designed or intended for a use permitted in such residential district shall be eliminated within three years of annexation, or the effective date of the ordinance from which this article is derived, whichever is later.

(4)

In any district, any lawful nonconforming use which is abandoned for a period of three months, without substantial attempt to resume such use, shall lose such nonconforming status and may not be resumed, except in a manner conforming to the regulations of the district in which it is located.

(b)

All existing non-conforming multi-family structures which are located in zoning districts currently designated as single family residential districts shall hereinafter be permitted to remain and continue as a non-conforming use under section 98-255 provided the following conditions are met:

(1)

The premises be made available for an annual inspection by a representative of the Glenview Development Department to ensure that the premises are in safe and sanitary conditions. The fee for such annual inspection shall be in the amount set forth in section 30-1 of this code.

(2)

The property has not been altered or added to in a manner which would constitute an increase in the intensity of the nonconformance.

(Code 1959, § 24.9.7; Ord. No. 4512, 4-15-2003; Ord. No. 3292, § 1, 11-5-2009; Ord. No. 6316, § 8, 12-3-2019)