The regulations of this Chapter govern nonconformities, which are lots, uses and structures that were lawfully established but-because of the adoption of new or amended regulations-no longer comply with one or more requirements of this Zoning Ordinance.

   (A)   Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management. (Ord. 2021-4931, 11-15-2021)

The regulations of this Chapter are intended to:

   (A)   Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

   (B)   Promote maintenance, reuse and rehabilitation of existing buildings; and

   (C)   Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties. (Ord. 2021-4931, 11-15-2021)

Any nonconformity that existed on the effective date specified in Chapter 1 of this Zoning Ordinance or any situation that becomes nonconforming upon adoption of any amendment to this Zoning Ordinance may be continued in accordance with the regulations of this Chapter, unless otherwise expressly stated. (Ord. 2021-4931, 11-15-2021)

The burden of proving that a nonconformity exists rests entirely with the property owner.

   (A)   The Zoning Administrator is authorized to determine whether adequate proof of nonconforming status has been provided by the property owner. In making this determination, the following forms shall constitute conclusive evidence:

      1.   Certificates of occupancy or completion, lawfully recorded plats, aerial photography and other records that indicate lawful establishment of the use, lot or structure.

   (B)   If such forms of conclusive evidence are not available, the Zoning Administrator is authorized to consider whether other forms of evidence provided by the property owner are reliable and adequate to document nonconforming status. Common examples of evidence that may be determined to be reliable and adequate include:

      1.   Professional registrations or business licenses;

      2.   Utility billing records;

      3.   Rent records;

      4.   Advertisements in dated publications; and

      5.   Listings in telephone or business directories.

   (C)   The Zoning Administrator’s determination of nonconforming status must be supported by written findings.

   (D)   The Zoning Administrator’s determination of nonconforming status may be appealed in accordance with Chapter 17 of this Zoning Ordinance. (Ord. 2021-4931, 11-15-2021)

   (A)   Nonconformities must be maintained to be safe and in good repair.

   (B)   Repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted unless the work increases the extent of the nonconformity or is otherwise expressly prohibited by this Zoning Ordinance.

   (C)   Nothing in this Chapter is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized order of a public official. (Ord. 2021-4931, 11-15-2021)

   (A)   Replacement value for all structures is deemed to be three times the equalized assessed valuation of the improvement (based upon information obtained from the DuPage County Supervisor of Assessments or Township Assessor) for the tax year in which the loss occurred.

      1.   The Zoning Administrator is authorized to accept an appraisal prepared by an Illinois licensed Appraiser for the purpose of determining replacement value.

      2.   The Zoning Administrator is authorized to accept a construction quote that includes materials and labor for the purpose of determining replacement value for an accessory structure. (Ord. 2021-4931, 11-15-2021)

If a lot, use, or structure is rendered nonconforming by acquisition by a public agency, the lot, use, or structure is deemed to be conforming. (Ord. 2021-4931, 11-15-2021)

   (A)   General

A nonconforming lot is a lot that was lawfully created in accordance with lot area and lot frontage regulations in effect at the time of the lot’s establishment but that does not comply with currently applicable lot area or lot frontage regulations.

      1.   Use of and building on nonconforming lots. Development on all nonconforming lots must comply with the lot and building standards of the subject zoning district.

         (a)   Exception. Building permits may be issued for any principal or accessory uses and structures allowed in the subject zoning district without bringing the nonconforming lot into compliance with the current lot area or lot frontage standards of the subject zoning district.

   (B)   Nonconforming lots shall not be adjusted in size or shape to increase the extent of nonconformity for lot area, lot frontage, setback or other applicable lot and building standards. Lot area or shape adjustments that decrease the extent of nonconformity are allowed. (Ord. 2021-4931, 11-15-2021)

   (A)   General

A nonconforming use is a land use that was lawfully established in accordance with applicable zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located.

   (B)   Change of use. A nonconforming use may be changed to any other use that is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use shall not be re-established.

   (C)   Expansion Prohibited

      1.   A nonconforming use shall not be expanded into another part of the same building.

      2.   Nonconforming open-air uses shall not be expanded beyond the area occupied by the use at the time it became nonconforming.

      3.   Expansion for the sole purpose of complying with off-street parking standards of this Zoning Ordinance is not considered expansion of a nonconforming use.

   (D)   Remodeling and improvements. When a building containing a nonconforming use is remodeled, intentionally damaged, or destroyed by causes within the control of the owner and the extent of remodeling, damage, or destruction is more than 50% of the replacement value of the structure, the use shall not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.

   (E)   Moving. A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation does not increase the extent of the nonconformity. A nonconforming use may be moved to another lot only if the use is allowed under the zoning regulations that apply to that (relocation) lot.

   (F)   Loss of Nonconforming Status

      1.   Abandonment

         (a)   Once a nonconforming use is abandoned, its nonconforming status is lost and any new, replacement use must comply with the regulations of the zoning district in which it is located.

         (b)   A nonconforming use is presumed abandoned when the use is discontinued or ceases for a continuous period of one year or more.

         (c)   The presumption of abandonment may be rebutted upon showing, to the satisfaction of the Zoning Administrator, that during such period the owner of the land or structure has been:

            (1)   Maintaining the land and structure in accordance with all applicable Village requirements and did not intend to discontinue the use;

            (2)   Actively and continuously marketing the land or structure for sale or lease for that particular nonconforming use; or

            (3)   Engaged in other activities that affirmatively prove there was not intent to abandon.

      2.   Abandonment Exceptions

         (a)   Any period of discontinued use caused by government action, unintended fire, or natural disaster will not be counted in calculating the length of discontinuance.

   (G)   Change to Conforming Use. If a nonconforming use is changed to a conforming use, no matter how short the period of time, all nonconforming use rights are lost and re-establishment of the nonconforming use is prohibited.

   (H)   Accidental damage or destruction. When a building containing a nonconforming use is accidentally destroyed or damaged by causes that are not within the control of the property owner or tenant, the building may be restored or repaired, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 12 months of the date of occurrence of such damage.

   (I)   Accessory uses. No use that is accessory to a principal nonconforming use may continue after the principal nonconforming use has ceased.

   (J)   Conversion to special use. A nonconforming use may be converted to a special use by the granting of a special use permit, in accordance with the special use permit procedures of Chapter 17 of this Zoning Ordinance. This conversion may occur only when it is shown that the nonconforming use is providing a particular service to the residents of the Village and that the use is not detrimental to the Village as a whole or to surrounding properties. (Ord. 2021-4931, 11-15-2021)

   (A)   General

A nonconforming structure is any building or structure that was lawfully established but no longer complies with the lot and building standards of the zoning district in which it is located.

      1.   Nonconforming signs are subject to the nonconforming sign regulations established in Chapter 11 of this Zoning Ordinance.

      2.   Structures that comply with building or setback lines indicated on a final subdivision plat, recorded after June 3, 1958, rather than the minimum setbacks of the subject zoning district are considered conforming structures. Permits may be issued for new buildings and building additions that comply with building or setback lines indicated on recorded final subdivision plats, recorded after June 3, 1958, subject to compliance with all other applicable regulations of this Zoning Ordinance.

   (B)   Use of Nonconforming Structures. A nonconforming structure may be used for any use that is permitted by right in the zoning district in which the structure is located without obtaining variations. A nonconforming structure may be used for any use classified as a special use if such use is approved in accordance with the special use procedures of Chapter 17 of this Zoning Ordinance.

   (C)   Alterations and expansions. Alterations, including enlargements and expansions, are permitted if the proposed alteration or expansion complies with all applicable lot and building standards and does not increase the extent of the nonconformity. Notwithstanding the preceding sentence:

      1.   Front street, side street and rear yard vertical extensions: Any portion of a nonconforming structure that is nonconforming with respect to a required front street, side street, or rear yard setback may be extended vertically within its existing perimeter walls but shall not be extended horizontally; and

      2.   Side yard vertical extensions: Any portion of a nonconforming structure that is nonconforming with respect to a required side yard setback may be extended vertically within its existing perimeter walls; and

      3.   Roof elevation extensions: Any portion of a nonconforming structure that is nonconforming with respect to the permitted maximum building height may be extended horizontally at an elevation in excess of said permitted maximum elevation; provided, however, that the top of the roof of such extension shall not exceed the top of the precode structure.

      4.   Roof height extensions: Any portion of a nonconforming structure located on a conforming lot in a single-family residential district that is nonconforming with respect to the permitted maximum height and that is a precode structure solely due to the nonconforming height of the structure may be extended: a) horizontally at a height in excess of said permitted maximum height but not in excess of the roofline of the existing structure or b) horizontally and vertically at a height in excess of the permitted maximum height but not in excess of the height of the structure as of the date of initial occupancy of the original structure, provided, however, that such extension shall not be permitted where the height of the structure as of the date of initial occupancy of the original structure exceeded the maximum height authorized by law; and, in either case, such extension shall not extend more than twenty four inches (24") beyond the exterior face of the exterior walls of said existing structure.

   (D)   Moving. A nonconforming structure may be moved in whole or in part to another location only if the movement or relocation does not increase the extent of the nonconformity. This provision is not intended to prohibit elevation of a nonconforming structure for the purpose of flood proofing or repair.

   (E)   Loss of Nonconforming Status

      1.   Accidental damage or destruction. When a nonconforming structure is accidentally destroyed or damaged by causes that are not within the control of the owner, the structure may be restored or repaired, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 12 months of the date of occurrence of such damage.

      2.   Remodeling and improvements. When a nonconforming structure is remodeled, intentionally damaged, or destroyed by causes within the control of the owner and the extent of the remodeling, damage or destruction is more than 50% of the replacement value of the structure, the structure shall not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.

   (F)   Conversion to special use. A nonconforming structure may be converted to a special use by the granting of a special use permit, in accordance with the special use permit procedures of Chapter 17 of this Zoning Ordinance. This conversion may occur only when it is shown that the nonconforming structure is providing a particular service to the residents of Village and that the use is not detrimental to the Village as a whole or to surrounding properties. (Ord. 2021-4931, 11-15-2021)

   (A)   General

A nonconforming development feature is any aspect of a development-other than a nonconforming lot, nonconforming use, nonconforming structure, or nonconforming sign that was lawfully established, in accordance with zoning regulations in effect at the time of its establishment but that no longer complies with one or more standards of this Zoning Ordinance. Common examples of nonconforming development features are off-street parking or loading areas that contain fewer spaces than required by current standards or otherwise do not comply with applicable regulations, and sites that do not comply with current landscaping and screening requirements.

   (B)   Nonconforming development features may remain except as otherwise expressly stated in this Zoning Ordinance, but the nature and extent of nonconforming site features shall not be increased except as otherwise expressly stated in this Zoning Ordinance. (Ord. 2021-4931, 11-15-2021)