A.

Authority to Continue

Any structure, lot, or use that legally existed as a nonconformity as of the effective date of this Ordinance, and any structure, lot, or use that has been made nonconforming as of the effective date of this Ordinance, and any subsequent amendments, may continue subject to the provisions of this Section so long as it remains otherwise legal.

B.

Burden on Property Owner

The burden of establishing the legality of a nonconformity under the provisions of this Ordinance is the responsibility of the property owner of the nonconforming structure or lot, or the operator of the nonconforming use.

C.

Safety Regulations

All police power regulations enacted to promote public health, safety, and welfare including, but not limited to, all building, fire, and health codes, apply to nonconformities.

A.

Definition

A nonconforming use is the use of a structure or lot that at one time was an allowed use within a zoning district, but because of subsequent amendments to the Ordinance is no longer allowed.

B.

Expansion

A nonconforming use of a structure or lot cannot be expanded, extended, enlarged, or increased in intensity. Such prohibited activity includes additions or enlargements of any structure devoted to a nonconforming use that increases the intensity of a nonconforming use, and any expansion, extension, or relocation of a nonconforming use to any additional floor area, any lot area currently not occupied by such nonconforming use, or any other structure on the lot.

C.

Relocation

A nonconforming use of a structure or lot cannot be relocated, in whole or in part, to any other location on the same lot. The nonconforming use may only be relocated to another structure or lot if the use conforms to all regulations of the zoning district where it is relocated.

D.

Change of Use

A nonconforming use cannot be changed to any use other than one allowed within the zoning district where it is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that conforms cannot be changed back to the nonconforming use. A change of use occurs when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of this Ordinance is deemed an abandonment of the previously existing nonconforming use.

E.

Discontinuation or Abandonment

If a nonconforming use is discontinued or the structure or lot that it occupies becomes vacant and remains unoccupied for a continuous period of 180 days, the nonconforming use is deemed abandoned and cannot be reestablished or resumed regardless of intent. Any subsequent use of such structure or lot must comply with all regulations of the zoning district in which the structure or lot is located. A period of discontinuance caused by acts of God or other events without any contributing fault by the user are not included in calculating the length of discontinuance for this section.

F.

Damage or Destruction

In the event that any structure that is devoted in whole or in part to a nonconforming use is structurally damaged or destroyed, the following apply.

1.

If the structure prior to the damage or destruction complied with all standards of this Ordinance:

a.

In the event that any structure containing a nonconforming use is damaged or destroyed to the extent of 50% or more of its replacement value at the time, then the nonconforming use may not be re-established.

b.

When such a structure is damaged or destroyed to the extent of less than 50% of the replacement value at the time, then the nonconforming use may be re-established provided that no new nonconformities are created. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one year of the date of damage or destruction. In the event that the building permit is not obtained within one year, then the nonconforming use cannot be re-established.

c.

The replacement value of the structure is based on: 1) the sale of that structure within the previous year or, if that is not applicable; 2) an appraisal within the last two years or, if that is not available; 3) the amount for which the structure was insured prior to the date of the damage or destruction; or, 4) an alternative method determined acceptable by the Village.

2.

If the structure prior to the damage or destruction was a nonconforming structure:

a.

The provisions of item 1 apply in terms of permitting the re-establishment of the nonconforming use.

b.

The provisions of Section 16.3 apply to reconstruction of a nonconforming structure.

A.

Definition

A nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but because of subsequent amendments to the Ordinance no longer conforms to applicable dimensional regulations. However, certain structures are considered site elements, such as fences and exterior lighting, and are regulated by Section 16.5.

B.

Maintenance

Normal maintenance and incidental repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.

C.

Structural Alterations

Structural alterations are permitted on nonconforming structures in the following situations:

1.

When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety.

2.

When the alteration will eliminate the nonconformity.

3.

When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity. (For example, if a structure is nonconforming in terms of the required front setback in that it does not meet the required minimum, the structure may add a rear addition if it meets all other dimensional regulations of the district.)

D.

Relocation

A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation would make the structure conforming. A nonconforming structure may be relocated to another lot if the structure conforms to all regulations of the zoning district where it is relocated.

E.

Damage or Destruction

1.

In the event that any nonconforming structure is damaged or destroyed to the extent of 50% or more of its replacement value at the time, then the structure may not be restored or rebuilt unless the structure, including foundation, conforms to all regulations of the zoning district in which it is located.

2.

When such a structure is damaged or destroyed to the extent of less than 50% of the replacement value at the time, it may be repaired and reconstructed provided that no new nonconformities are created and that the existing degree of the nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within eighteen (18) months of the date of damage or destruction. In the event that the building permit is not obtained within eighteen (18) months, then the structure cannot be restored unless it conforms to all regulations of the district in which it is located.

3.

The replacement value of the structure is based on: 1) the sale of that structure within the previous year or, if that is not applicable; 2) an appraisal within the last two years or, if that is not available; 3) the amount for which the structure was insured prior to the date of the damage or destruction; or, 4) an alternative method determined acceptable by the Village.

F.

Extension of Walls for Nonconforming Single-Family and Two-Family Dwellings

Where a single-family or two-family dwelling is deemed nonconforming because of encroachment into the required front, interior side or rear yard by 20% or less of that required by the district, the structure may be enlarged or extended vertically or horizontally along the same plane as defined by the existing perimeter walls, so long as the resulting structure does not increase the degree of the existing nonconformity or otherwise violate this Ordinance.

(Ord. No. 2020-30, § 2(Exh. 1), 9-22-20)

A.

Definition

A nonconforming lot of record is a lot of record that at one time conformed to the lot dimension requirements of the zoning district in which it is located, but because of subsequent amendments to the Ordinance no longer conforms to the applicable lot dimensions.

B.

Use

1.

Individual Nonconforming Lots of Record in Residential Districts.

In residential districts, a single family dwelling may be constructed and maintained on a lot which is nonconforming as to minimum lot area and/or minimum lot width, if the lot was of record on the date of the adoption of the Village of Niles zoning ordinance—December 1, 1936, was in separate ownership on the effective date of this Title, and conforms to all other requirements of the zoning district in which it is located.

2.

Nonconforming Lots of Record Held in Common Ownership in Residential Districts.

If on the date of the adoption of the Village of Niles zoning ordinance—December 1, 1936, there are two (2) or more lots of record with contiguous frontage in single ownership, and one or more of the lots is non-conforming as to the minimum lot area and/or minimum lot width, the lots shall be considered to be a single undivided parcel for the purposes of this Title.

A)

No portion of said single undivided parcel shall be conveyed which does not meet the lot width and lot area requirements established by this Title. No division of said undivided parcel shall be made which leaves the remaining lot(s) with lot width or lot area below the requirements of this Title.

a.

No building permit shall be issued for the use of any lot or portion of a lot, transferred or conveyed in violation of this Section.

B)

The entirety of said undivided parcel shall be treated as a non-conforming lot per section 1 above.

3.

A nonconforming lot of record in a non-residential district may be used for any permitted or special use allowed in the district so long as it complies with all other dimensional requirements of the district.

C.

Development

Development of a nonconforming lot of record must meet all applicable dimensional regulations of the district in which it is located.

D.

Common Ownership Limitation

1.

If two or more abutting lots of record have contiguous frontage in common ownership as of the effective date of this Ordinance and one or more of the lots does not meet the requirements for lot area or width as established by this Ordinance, the abutting lots involved are considered to be a single zoning lot for the purposes of this Ordinance.

2.

No portion of such zoning lot as described in item 1 can be used, transferred, or conveyed if it does not meet the lot width and lot area requirements established by this Ordinance. No division of such zoning lot as described in item 1 is permitted which will leave one or more lots of record resulting from such division nonconforming.

3.

No building permit will be issued for the use of any lot, or portion of a lot, transferred or conveyed in violation of this Ordinance.

A.

Definition

A nonconforming site element is a site development element, such as landscape, lighting, or parking, that at one time conformed to the requirements of this Ordinance, but because of subsequent amendments, has been made nonconforming.

B.

Maintenance

Normal maintenance and incidental repair to a nonconforming site element may be performed. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.

C.

Required Conformance

All nonconforming site elements must be brought into conformance when the following occurs:

1.

All Nonconforming Site Elements

a.

A new principal structure is constructed on a site

b.

An existing principal structure is increased in total gross floor area by 30% or more.

2.

Nonconforming Parking Lots

a.

An existing parking lot of 15 or more spaces is fully reconstructed or an existing parking lot of 10 or more spaces is expanded by 50% (based on number of spaces). Resurfacing an existing parking lot which entails grinding-out and replacing less than two and one-half (2 ½) inches of existing pavement and does not change the stone sub-base or the existing grading is not considered reconstruction, nor is resealing or re-striping of an existing parking lot considered to be reconstruction.

b.

When an existing parking lot is required to provide landscape, which would result in creating a parking area that no longer conforms to the parking regulations of this Ordinance, such existing parking lot is not required to install all or a portion of the required landscape. The applicant is required to show that landscape cannot be accommodated on the site. If only certain requirements can be accommodated on the site, then only those elements are required. The Director of Community Development will make the determination that all or a portion of required landscape does not have to be installed.

3.

Nonconforming Exterior Lighting

For exterior lighting, nonconforming luminaires must be brought into conformance when 25% of the illumination system is to be replaced or modified, calculated as installation of new lighting posts and/or non-post mounted lighting fixtures. This 25% is calculated based on the total lighting installed by type of mounting. For example, if over 25% of the wall-mounted fixtures are to be replaced, all wall-mounted fixtures must be brought into conformance while freestanding fixtures may remain.

Non-conforming parking lot lighting which includes only the replacement of the lamp and which meets ordinance requirements for intensity and for shielding shall be allowed on existing poles at existing mounting heights and shall not be required to be lowered to meet new ordinance requirements.