This Chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, and uses which adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction. Nonconforming buildings, structures and uses established illegally shall be removed or discontinued immediately and shall be subject to the police power of the Village of Lombard. Legally established nonconforming uses shall be subject to the provisions of this section, as set forth below.

The purpose of this section is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue.

A use located within a building or structure, or on open land, which is not authorized in the list of permitted uses in the zoning district in which such use is located shall be subject to the provisions of subsections 155.302(A)—(H), below.

(A)

Authority to continue. Any lawfully nonconforming use of part or all of a building or structure, or any lawfully existing nonconforming use of land not involving a building or structure or involving a building or structure which is accessory to such use of land, may be continued, so long as it remains otherwise lawful, subject to the provisions of subsections 155.302(B)—(H) . The existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(B)

Repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any building or structure 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 155.302(C)—(G) hereunder.

(C)

Expansion. A nonconforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activity shall include, without being limited to:

(1)

Expansion of such use to any building, structure or land area other than that occupied by such nonconforming use at the time such use became nonconforming.

(2)

Expansion of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use at the time such use became nonconforming.

(3)

Operation of such nonconforming use in such a manner which conflicts with, or further conflicts with any requirement or standard established for the district in which such use is located.

(D)

Relocation. No building or structure that is devoted in whole or in part to a nonconforming use shall be relocated in whole or in part to any other location on the same or any other lot, unless the entire building or structure and the use thereof shall thereafter conform to all the regulations of the zoning district in which such building or structure and use are located after being so relocated. No nonconforming use of land shall be relocated in whole or in part to any other location on the same or any other lot, unless such use shall thereafter conform to all the regulations of the zoning district in which such use of land is located after being so relocated.

(E)

Change in use. A nonconforming use of land or of a building or structure shall not be changed to any use other than a use permitted in the zoning district in which such land, building or structure is located. When such nonconforming use has been changed to a permitted use, it shall only be used thereafter for a use permitted in the zoning district in which it is located. For the purpose of this subsection, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and the permitted use shall have commenced and continued for a period of seven days.

(F)

Abandonment or discontinuance. When a nonconforming use of land or a nonconforming use of part or all of a building or structure is discontinued or abandoned for a period of 365 consecutive days (regardless of any reservation of an intent not to abandon and to resume such use), such use shall not thereafter be re-established or resumed (unless a conditional use is granted as per § 155.305, below). Any subsequent use of such land, building or structure shall comply with the regulations of the zoning district in which such land, building or structure is located.

(G)

Damage or destruction. In the event that any building or structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50 percent of the fair market value of such building or structure immediately prior to such damage, such building or structure shall not be restored unless such building or structure and the use thereof shall thereafter conform to all regulations of the zoning district in which such building or structure and use are located. When such damage or destruction is 50 percent or less of the fair market value of the building or structure immediately prior to such damage, such building or structure may be repaired and reconstructed and used for the same purposes as it was before the damage or destruction, provided that such repair or damage or reconstruction is commenced and completed within 12 months of the date of damage or destruction. The fair market value shall be determined by the Director of Economic Development and Planning based upon a real estate appraisal conducted by an independent and certified real estate appraiser.

(H)

Increase in the intensity of a nonconforming use. No change in a nonconforming use pursuant to this subsection 155.302(E) shall be authorized which will increase either the number or intensity of uses on a parcel.

(Ord. No. 8347, § 1, passed 3-20-25)

Buildings and structures, within which principal uses take place, and which, due to the design or location on the lot, do not conform to the requirements of this ordinance for yards, lot area, lot width, maximum height, or any other provision of this Chapter shall be subject to the provisions established in subsections 155.303(A)—(D) below.

(A)

Authority to continue. Any lawfully established nonconforming building or structure which is devoted to a use which is permitted in the zoning district in which such building or structure is located may be continued so long as it remains otherwise lawful, subject to the provisions of subsections 155.303(C)—(D), below.

(B)

Enlargement, repair, alterations. Any nonconforming building, structure or other site feature may be enlarged, maintained, repaired or altered; provided, however, that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such building or structure.

(C)

Damage or destruction. In the event that any nonconforming building or structure is damaged or destroyed, by any means, to the extent of more than 50 percent of the fair market value of such building or structure immediately prior to such damage, such building or structure shall not be restored unless such building or structure shall thereafter conform to all regulations of the zoning district in which such building or structure and use are located.

When such nonconforming building or structure is damaged or destroyed, by any means, by 50 percent or less of the fair market value of the building or structure immediately prior to such damage, such building or structure may be repaired and reconstructed, provided that such repair or restoration begin and is diligently pursued to completion within one year of the date of such damage.

If the restoration is not started within one year of said calamity and diligently executed to completion, the building or structure shall be removed, and the area cleared by the owner, or at the owner's expense.

(D)

Relocation. No nonconforming building or structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the zoning district in which such building or structure is located after being relocated.

No use, building or structure which is accessory to a principal nonconforming use, building or structure shall continue after such principal use, building or structure shall have ceased or terminated, unless such accessory use, building or structure shall thereafter conform to all the regulations of the zoning district in which it is located.

The owner of any building, structure or use which is subject to elimination under the terms of this Chapter may apply to the Plan Commission for a conditional use to allow such building, structure or use to continue or be re-established. Any legal nonconforming two-family dwelling that was lawfully established prior to January 1, 1960 and is located in the R2 Single-Family Residence District may apply to the Plan Commission for a conditional use to allow such use to continue or be re-established as a permitted legal nonconforming use prior to being subject to elimination under the terms of this Chapter. In such event, the procedures, terms, conditions, and standards for conditional uses set forth in subsection 155.103(F) of this Chapter shall be used to evaluate the application.

(Ord. 6540; passed 10/21/10)

Notwithstanding the provisions of §§ 155.301—155.305, of this Code, for an existing lot or parcel in an R0, R-1 or R-2 Single-Family Residence District, which has been developed with a dwelling and does not meet the minimum lot size and/or lot width requirements, where the village has issued a demolition permit to raise the existing dwelling or where the existing dwelling has been destroyed to the extent of more than 50 percent of the fair market value of dwelling, the owner will be allowed to rebuild the dwelling without need to appear before either the Plan Commission or the Zoning Board of Appeals, so long as all the requirements of Chapter 155 of this Code, other than lot size and lot width, are met relative to the proposed rebuilding of the dwelling. The provisions of this section shall only apply, however, provided:

(A)

The owner of the lot or parcel in question submits a plat of subdivision or consolidation, and a request for approval of same, if said lot or parcel is not a single subdivided lot of record; and

(B)

The lot size and lot width of the lot or parcel in question equals at least 80 percent of that required by § 155.305 or § 155.406, of this Code, whichever is applicable.

(Ord. 4567, passed 11/19/98; Ord. 6103, passed 10/18/07)