(a)   A lawfully established use of a building or land established prior to the adoption of this Zoning Code that does not conform to the use regulations for the district in which it is located, shall be deemed a legal nonconforming use and may be continued, except as provided in this chapter.

   (b)   A legal nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted in this chapter.

   (c)   A building for which a permit has been lawfully granted prior to the effective date of this Zoning Code, or of an amendment thereto, may be completed in accordance with the approved plans if the construction is started within six months after the date of the permit and diligently prosecuted to completion. Such building shall, thereafter, be deemed a lawfully established building.

   (a)   Whenever a building, structure or land, or part thereof, occupied by a nonconforming use is changed to, or replaced by, a use conforming under this Zoning Code, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building, structure or land, or part thereof, may have been originally designed and constructed for the prior nonconforming use.

   (b)   Whenever a nonconforming use of a building, structure or land, or part thereof, has been discontinued for a period of six consecutive months, such nonconforming use shall not be re-established, and the use of the building, structure or land, or part thereof, thereafter shall be in conformity with the regulations of the district in which the building, structure or land, or part thereof is located.

(Ord. 2006-19. Passed 4-10-06.)

   The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain is limited to two years from the effective date of this Zoning Code, or of an amendment thereto which causes the use to be nonconforming. Every such nonconforming use shall be completely discontinued and all appurtenant or altered structures shall be removed from the premises at the expiration of the two-year period.

   (a)   A nonconforming building or structure having an assessed valuation not in excess of one thousand dollars ($1,000);

   (b)   All nonconforming billboards or outdoor advertising structures not attached to a building lawfully existing upon the effective date of this Zoning Code; and

   (c)   A nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building. This subsection does not include public or private parking lots established prior to the effective date of this Zoning Code.

   Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   No structural alteration shall be made in a building or other structure containing a nonconforming use, unless such alteration is specifically required by law.

   If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent or more of its replacement value at that time, the building or other structure may be rebuilt or used thereafter only for a conforming use and in compliance with the regulations of the district in which the building or other structure is located. In the event the damage or destruction is less than fifty percent of its replacement value, based upon prevailing costs, the building may be restored to its original condition and the occupancy or use of such building which existed at the time of such partial destruction may be continued. In either event, restoration or repair of the building or other structure must be started within a period of one year and diligently prosecuted to completion.

   A nonconforming building may be enlarged, expanded or added to only if the enlargement, expansion or addition is devoted to a conforming use and complies with all regulations of the zoning district in which the building is located.

   No building 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.

   No nonconforming building in a Residential District shall be so altered as to increase the number of dwelling units therein.

   No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space or any land beyond the boundaries of the zoning lot as it existed on the effective date of this Zoning Code, or to displace any conforming use in the same building or on the same parcel.

(Ord. 2005-35. Passed 9-26-05.)

   Whenever the boundaries of a use district are changed so as to transfer an area from one use district to another use district of a different classification, this chapter shall also apply to any nonconforming uses existing therein.

   (a)   Property that was annexed to the Village on or after July 10, 1952, and upon which, on the date of annexation, was located, and continues to be located, a single-family residence which does not comply with the Village Code requirements for side yard setbacks, rear yard setback and front yard setback (hereinafter, the "covered requirements"), shall not be considered a legal nonconforming use under this chapter, but only to the extent of the specific noncompliance with the covered requirements, provided such property is either:

      (1)   A single platted lot of record that was so platted prior to its annexation to the Village; or

      (2)   A tax divided parcel of land that came into existence prior to its annexation to the Village and whose current dimensions (exclusive of takings for roadway purposes) and current permanent tax index number (unless changed as a result of a roadway taking) have remained unchanged since the date of annexation; or

      (3)   A single platted lot of record that is a result of a resubdivision of land described in either paragraph (a)(1) or (2) hereof, provided the noncompliance with the covered requirements existed prior to said resubdivision and is not a result of said resubdivision.

   (b)   The provisions of this section are not intended to be relied upon, nor shall they be relied upon, to allow the aforementioned noncompliance with the covered requirements to be exempt from this chapter in the event that the noncompliance is the result of an addition to the single-family residence made after annexation and without proper variation approval.

   (c)   Notwithstanding subsection (b) above, a second floor addition may be constructed in relation to a single-family residence covered by subsection (a) above, without need for any side yard, rear yard and/or front yard setback variations, provided that:

      (1)   No portion of said second floor addition encroaches into the required side yard, rear yard and/or front yard setback any more than the existing single-family residence; and

      (2)   No portion of said second floor addition may be located closer to a property line than ten (10) feet.

   (d)   A use that existed on the property that was annexed by the Village pursuant to Ordinance No. 2016-08, adopted February 8, 2016, (the "Cog Hill Property") and that is not otherwise permitted in the R-1-A One-Family Dwelling District, can continue to exist on the Cog Hill Property, but only to the extent that said use existed on the Cog Hill Property as of the date of the annexation of the Cog Hill Property by the Village, and shall not be considered a non-conforming use. A building or structure that existed on the Cog Hill Property, as of the date of the annexation of the Cog Hill Property by the Village, and that is not otherwise permitted in the R-1-A One-Family Dwelling District, can continue to exist on the Cog Hill Property, but only to the extent that it so existed on the Cog Hill Property as of the date of the annexation of the Cog Hill Property by the Village, and shall not be considered a non-conforming building or structure. Such uses, buildings, and structures shall not be expanded beyond the areas in which they were taking place, or in size (height, width, length, area or floor area, as of the date of the annexation of the Cog Hill Property by the Village, without approval of the Village Board provided at a public meeting; but such uses, buildings, and structures may be otherwise repaired, altered or replaced, provided said repair, alteration or replacement is in compliance with the building codes of the Village, as found in Part Fourteen of the Palos Park Village Code. In regard to the foregoing, it is hereby acknowledged that the following uses, buildings and structures existed on the Cog Hill Property, as of the date of the annexation thereof by the Village:

      (1)   Four (4) golf courses, including that certain club known as Cog Hill Golf and Country Club;

      (2)   One (1) driving range with a barn and outdoor bar;

      (3)   Two (2) concession stands;

      (4)   Professional and amateur golf-related events, including, without limitation, golf tournaments;

      (5)   Banquet special event facilities with a kitchen, including two (2) temporary/permanent tents of the following sizes: 87 feet by 142 feet and 40 feet by 60 feet;

      (6)   Sports association and management uses within that certain building located at 11855 South Archer Avenue in the Village;

      (7)   Agricultural, farm and animal uses, said animal uses being limited to: horses, cows, sheep, llamas; goats, and chicken;

      (8)   Four (4) single-family detached dwellings on the properties commonly known as 12296, and 12282 South Archer Avenue, and 13130 and 13150 West Main Street;

      (9)   Three (3) golf retail pro shops;

      (10)   Two (2) club houses related to the golf courses;

      (11)   Office uses related to the golf courses;

      (12)   Two (2) restaurants;

      (13)   Two (2) bar/lounge areas;

      (14)   Off-street parking;

      (15)   One (1) billboard that is no larger than four feet by six feet;

      (16)   Property identification and directional signs; and

      (17)   Maintenance buildings and pump houses.

   Notwithstanding anything to the contrary in this Section 1280.08(d), subject to applicable building codes, the driving range and driving range structures may be enlarged and a pavilion building may be constructed on the Cog Hill Property in the area of the existing 15,000 square foot tent pavilion, provided that the enlargement of the driving range structures does not exceed a total area of 5,000 square feet, and the pavilion building located in the area of the existing tent pavilion does not exceed a total area of 20,000 square feet.

   (e)   A use that existed on the property that was annexed by the Village pursuant to Ordinance No. 2016-07, adopted February 8, 2016, (the "Ludwig Farm Property") and that is not otherwise permitted in the R-1-A One-Family Dwelling District, can continue to exist on the Ludwig Farm Property, but only to the extent that said use existed on the Ludwig Farm Property as of the date of the annexation of the Ludwig Farm Property by the Village, and shall not be considered a non-conforming use. A building or structure that existed on the Ludwig Farm Property, as of the date of the annexation of the Ludwig Farm Property by the Village, and that is not otherwise permitted in the R-1-A One-Family Dwelling District, can continue to exist on the Ludwig Farm Property, but only to the extent that it so existed on the Ludwig Farm Property as of the date of the annexation of the Ludwig Farm Property by the Village, and shall not be considered a non-conforming building or structure. Such uses, buildings, and structures shall not be expanded beyond the areas in which they were taking place, or in in size (height, width, length, area or floor area, as of the date of the annexation of the Ludwig Farm Property by the Village, without approval of the Village Board provided at a public meeting; but such uses, buildings, and structures may be otherwise repaired, altered or replaced, provided said repair, alteration or replacement is in compliance with the building codes of the Village, as found in Part Fourteen of the Palos Park Village Code. In regard to the foregoing, it is hereby acknowledged that the following uses, buildings and structures existed on the Ludwig Farm Property, as of the date of the annexation thereof by the Village:

      (1)   Two (2) single-family detached dwellings on the property commonly known as 13305 and 13235 West 131st Street;

      (2)   Agricultural and landscaping supplies and equipment sales;

      (3)   Agricultural, farm and animal uses, said animal uses being limited to: horses, cows, sheep, llamas; goats, and chicken;

      (4)   Landscape business use;

      (5)   Off-street parking;

      (6)   One (1) billboard that is no larger than eight feet by 24 feet;

      (7)   Assorted farm buildings; and

      (8)   Property identification and directional signs.

(Ord. 1997-10. Passed 7-15-97; Ord. 2019-06. Passed 3-11-19; Ord. 2022-15. Passed 6-27-22; Ord. 2023-14. Passed 6-12-23.)