It is the purpose of this Article IX to provide for the regulation of legally nonconforming uses, structures, and lots, and to specify those circumstances and conditions under which such nonconformities shall be permitted to continue. In order to protect the orderly development and taxable value of other properties in the Village, it is necessary and consistent with the regulations prescribed by this Zoning Ordinance that nonconformities not be permitted to continue without restriction.

The provisions of this Article IX are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of this Zoning Ordinance and enhance the character of the Village. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of this Zoning Ordinance and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of this Zoning Ordinance, or any subsequent reclassification of zoning districts or other amendment to this Zoning Ordinance, may be continued or maintained only in accordance with the terms of this article

Any use of a structure or land that was lawfully established as of the effective date of this Zoning Ordinance that does not conform to the use regulations for the zoning district in which it is located shall be deemed to be a legal nonconforming use and may be continued only in accordance with the limitations and standards provided in this Article IX.

Any legal nonconforming use of a structure may be continued, provided there is no physical expansion or extension other than necessary maintenance and repair, except as otherwise permitted in accordance with this Article IX. The owner of the subject property shall bear the burden of establishing that any nonconforming use is a legal nonconforming use, as defined and regulated by this Article IX.

The nonconforming use of land not involving a structure, or in connection with any structure thereon which is incidental or accessory to the principal use of the land, may be continued; provided, however, that if the nonconforming use of land is discontinued for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of such land shall conform to the regulations of the zoning district in which such land is located.

Notwithstanding any provision of this chapter to the contrary, a legal nonconforming use may relocate to a new location within the Village, and continue operations at that new location as a legal nonconforming use subject to the limitations and standards provided in this Article IX, which new location may be of a greater square footage than the existing location, but only upon issuance of a special use permit therefor in accordance with Section 5.17 of this Zoning Ordinance, and only if:

A nonconforming use shall not be increased in intensity, nor expanded or extended beyond the floor area or lot area occupied as of the date on which such use became nonconforming, or in a manner that displaces any conforming use in the same structure or on the same parcel.

No use or structure which is accessory to a principal nonconforming use or structure, shall continue after such principal nonconforming use or structure shall have ceased or terminated, unless it shall thereafter conform to all regulations of this Zoning Ordinance.

A nonconforming use of a structure, or part thereof, may be changed to a use of the same or similar character, unless such change requires the addition of off-street parking, building expansion, or building extension.

A nonconforming use shall not be changed to another nonconforming use, except upon approval of a request therefore by the Zoning Officer. All new nonconforming uses shall comply with the Site Development Standards set forth in Article VI of this Zoning Ordinance. The Zoning Officer shall not approve the change of any nonconforming use to another nonconforming use for any lot in a single-family residential district on which there exist two or more principal uses.

Any part of a structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this Zoning Ordinance shall not thereafter be used or occupied by a nonconforming use.

Whenever any part of a structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this ordinance, such premises shall not thereafter be used or occupied by any nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

Whenever a nonconforming use of a structure, or part thereof, has been discontinued for a period of six consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall conform with the use regulations of the zoning district in which it is located.

Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six consecutive months shall constitute abandonment.

Repairs of nonconforming structures. Necessary maintenance and repair may be made to a nonconforming structure, provided that no structural alterations shall be made to a structure, except as follows:

Previously approved development projects. Any structure for which a building permit has been lawfully granted prior to the effective date of this Zoning Ordinance may be completed in accordance with the plans approved therefore, provided that construction is started within 90 days, pursuant to the permit, and diligently prosecuted to completion. The structure shall thereafter be deemed a legal nonconforming structure.

A structure that is nonconforming because of lot size requirements or building bulk regulations (including specifically, but not limited to, the regulations set forth in Section 3.07 of this Zoning Ordinance) shall not be added to, expanded, or enlarged, unless.

No 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 such nonconforming use.

A structure which is nonconforming with respect to yards, lot coverage, or any other element of bulk regulated pursuant to this Zoning Ordinance shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations of the zoning district in which it is located.

A nonconforming structure may be not restored upon destruction or damage, by fire or other casualty or act of God, to the extent that the cost of restoration shall exceed the lesser of 50% of the cost of replacement, or the market value of the entire structure, unless such structure and all uses within conform to the provisions of the zoning district in which it is located.

If the cost of restoration of a damaged nonconforming structure does not exceed the lesser of 50% of the cost of replacement, or the market value of the entire structure, the structure may be restored to its original condition, and the occupancy or use of such structure may be continued in the manner that existed at the time of such partial destruction, provided that such restoration is commenced within six months from the date and is diligently pursued until completion. Failure to initiate or conclude restoration within these limits shall constitute abandonment as defined in Section 9.05 of this Zoning Ordinance.

Applicability. Notwithstanding Section 9.10 of this Zoning Ordinance to the contrary, the following types of nonconforming lots and lots of record, if located in a residential zoning district and nonconforming as to lot area and/or lot width, may be improved in accordance with this Section 9.11:

The improvement of any lot or lot of record permitted in accordance with this Section 9.11 shall comply with the following standards:

The Board of Trustees, after a public hearing and recommendation by the Plan Commission/Zoning Board of Appeals, may grant an exception from the regulations set forth in this Article IX in accordance with their general purpose and intent, only in the specific instances herein established, and only when the Board of Trustees has made findings of fact, based upon the standards set forth in Section 9.14 of this Zoning Ordinance, supporting the conclusion that the strict application of the regulations of this Article IX will create practical difficulties of particular hardship for the owner, lessee or occupant of land, buildings or other structures.

Notwithstanding any terms of this Article IX prohibiting the continuation, reconstruction, or expansion of nonconforming uses and structures, a nonconforming use or structure may be deemed to be in conformity with the requirements of this Article IX, and may be allowed to continue and to expand as a lawfully existing use or structure, through the issuance of a special exception in accordance with the procedures and standards set forth in this Part E.

An application for a nonconforming status exception shall be filed with the Zoning Officer, who shall forward a copy of the application to the Plan Commission/Zoning Board of Appeals without delay.

The application shall contain such information as determined necessary by the Zoning Officer. Within 60 days after the filing of such application, a hearing shall be held by the Plan Commission/Zoning Board of Appeals on the application. Notices of the public hearing shall be delivered in accordance with Section 5.20 of this Zoning Ordinance.

The Board of Trustees shall not grant an exception from the regulations of this Article IX, as authorized pursuant to Section 9.15 of this Zoning Ordinance, unless it shall, in each specific case, make findings of fact, based upon the evidence presented to it, that support one or more of the following conclusions:

In reviewing and acting upon an application, the Plan Commission/Zoning Board of Appeals and the Board of Trustees shall also consider the extent to which the nonconforming use or structure can be improved as follows:

A nonconforming status exception will be granted only to the present owner or owners, provided that a contract purchaser or purchasers shall be deemed to be an owner having a title interest for purposes of this Section 9.15. Lessees or assignees of the owner shall not be entitled to a nonconforming status exception.

The Plan Commission/Zoning Board of Appeals may recommend, and the Board of Trustees may impose, such conditions and restrictions upon the premises benefited by a nonconforming status exception as deemed necessary for compliance with the standards set out in this Zoning Ordinance, to reduce or minimize the injurious effect of such exception upon other property in the neighborhood, or to better to carry out the general intent of this Zoning Ordinance and the Comprehensive Plan.

A nonconforming status exception will terminate automatically and immediately at such time as:

Upon the granting of a nonconforming status exception by the Board of Trustees, the subject use or structure shall no longer be treated as nonconforming, and shall be allowed to continue as a lawfully existing use or structure unless it satisfies one of the provisions set forth in Section 9.15(2) of this Zoning Ordinance. The status as a lawfully existing use shall apply only to the use or structure for which the nonconforming status exception has been issued, and not to any other use or structure that may be located on the subject property.

The ordinance approving the nonconforming status exception shall be recorded by the Village Clerk with the Office of the Cook County Recorder of Deeds.