1. Intent: The adoption and amendment of the zoning ordinance text and map, beginning with the adoption of the village’s first zoning ordinance has resulted in some lots, uses and structures becoming nonconforming (i.e., established in compliance with regulations in effect at the time of their establishment, but prohibited under subsequently adopted regulations). The nonconformity regulations of this chapter are intended to explain the effect of this nonconforming status and help differentiate nonconformities, which have legal status under this zoning ordinance, from zoning violations, which are illegal and subject to penalties and enforcement action. The regulations of this chapter are also intended to:
   1. Recognize the interests of landowners in continuing to use their property for uses that were lawfully established;
   2. Promote maintenance, reuse and rehabilitation of existing buildings; and
   3. Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.
2. Authority to Continue: Any nonconformity that existed on the effective date specified in 11-1-3 or any lot, structure use or situation that becomes nonconforming upon adoption of any amendment to this zoning ordinance or any amendment of the zoning map subsequent to the effective date specified in 11-1-3 may be continued, subject to the regulations of this chapter.
3. Determination of Nonconforming Status:
   1. The burden of proving that a nonconformity exists (as opposed to a zoning ordinance violation) rests entirely with the subject owner.
   2. The building official is authorized to determine whether reliable evidence of nonconforming status has been provided by the subject owner.
   3. Building permits, zoning clearance reports, lawfully recorded plats, lawfully recorded instruments of conveyance, aerial photography owned by a governmental agency and other official government records that indicate lawful establishment of the use, lot or structure constitute conclusive evidence of nonconforming status. If such forms of conclusive evidence are not available, the building official is authorized to consider whether other forms of evidence provided by the 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;
      5. Listings in telephone or business directories; and
      6. Notarized affidavits affirming the date of lawful establishment of the use or structure.
   4. The building official’s determination of nonconforming status may be appealed in accordance with 11-15-8.
4. Repairs and Maintenance:
   1. 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.
   2. If a nonconforming structure or a structure occupied by a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and a final order of vacation or demolition is entered by any duly authorized official by reason of physical condition, it may not thereafter be used, restored, or repaired, or rebuilt except in conformity with the provisions of the zoning district in which it is located.
   3. 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 public official.
5. Change of Tenancy or Ownership: Nonconforming status runs with the land and is not affected by changes of tenancy, ownership or management.

1. Description: A nonconforming lot is a lot that was lawfully created in accordance with lot area and lot width regulations in effect at the time of the lot’s establishment but that does not comply with currently applicable lot area or lot width regulations.
2. Use of Nonconforming Lots:
   1. A nonconforming lot in an R district may be used as a building site for a single detached house, subject to compliance with applicable lot and building regulations other than those pertaining to lot area and lot width.
   2. Nonconforming lots in MX, C or I districts may be used as a building site for any use allowed in the subject zoning district, subject to compliance with applicable lot and building regulations other than those pertaining to lot area and lot width.

1. Description: A nonconforming use is a use that was lawfully established in accordance with all 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 located. Lawfully established uses that do not comply with separation distance (spacing) requirements are also deemed to be nonconforming uses.
2. Change of Use:
   1. A nonconforming use in a residential zoning district may be changed only to a use that is allowed in the subject zoning district. Once changed to a conforming use, the nonconforming use may not be re-established.
   2. A nonconforming use located in a zoning district other than a residential zoning district, may be changed to a use that is allowed in the subject zoning district, in which case the nonconforming use may not be re-established. A nonconforming use located in a zoning district other than a residential zoning district, may be changed to another nonconforming use only if approved in accordance with the special use procedures of 11-15-5. The change of a use to another use included within the same use category does not constitute a "change of use" within the meaning of this section. In order to approve a special use for a nonconforming use substitution, the zoning board of appeals must find that the proposed use substitution will not result in any increase in adverse impacts on the surrounding area when compared to the previous nonconforming use of the property. In making such a determination, the zoning board of appeals must consider all the following factors, as applicable:
      1. Traffic to and from the site;
      2. Hours of operation,
      3. Outdoor display, storage and work activities; and
      4. Other factors likely to have an effect on the surrounding area.
3. Expansion of Use: A nonconforming use of a portion of a building may be expanded or extended into the remaining portions of the building if the building official determines that the areas of the building in which the expansion is proposed were manifestly arranged and designed for the expanded use. Nonconforming uses of open land may not be expanded or extended in any way.¹
4. Movement: 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 create additional or new nonconformities. A nonconforming use may be moved to another lot only if the use would comply with the zoning regulations that apply to that (relocation) lot.
5. Loss of Nonconforming Status:
   1. Abandonment:
      1. Unless otherwise expressly authorized in this chapter, 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.
      2. A nonconforming use is presumed abandoned when the use is discontinued or ceases for a continuous period of 12 months or more.
      3. 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.
      4. Any period of discontinuance caused by acts of God or accidental fire are not counted in calculating the length of discontinuance.
      5. Re-establishment of an abandoned nonconforming use may be approved in accordance with the special use procedures if the zoning board of appeals finds that all the following criteria have been met:
         1. The subject property cannot reasonably or economically be used for a conforming use;
         2. The proposed use is equally appropriate or more appropriate in the proposed location than the existing nonconforming use;
         3. The traffic, hours of operation, noise and other operating characteristics of the proposed use will result in no greater adverse impact on the neighborhood than the previous nonconforming use;
         4. The proposed use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare; and
         5. The use is consistent with the comprehensive plan.
      6. Damage or Destruction²:
         1. When a building containing a nonconforming use is destroyed or damaged by acts of God or accidental fire, 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.
         2. When a building containing a nonconforming use is demolished, damaged or destroyed by causes within the control of the owner and the extent of demolition, damage or destruction is more than 50% of the market value of the structure, as determined by the property owner’s certified appraiser, the use may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.
6. Adult Entertainment Use: See 11-8-2(E) for additional regulations governing existing nonconforming adult entertainment uses.

Notes:
¹ This has been revised to be more flexible than current ordinance, which states that absolutely no expansion is allowed.
² This has been revised. Under the current ordinance, nonconformities damaged by more than 60% of value may not be re-established regardless of the cause of damage.

1. Description: A nonconforming structure is a structure, other than a sign, that was lawfully established but that no longer complies with applicable setback, coverage or height regulations because of the adoption or amendment of zoning ordinance after the structure was established.
2. Use: A nonconforming structure may be used for any use allowed in the zoning district in which the structure is located, including a lawfully established nonconforming use.
3. Movement: A nonconforming structure may be moved in whole or in part to another location on the same lot only if the movement or relocation does not create additional or new nonconformities. A nonconforming structure may be moved to another lot only if the structure would comply with the zoning regulations that apply to that (relocation) lot.
4. Alterations, Enlargements and Expansions¹:
   1. Nonconforming structures may be altered or expanded if the proposed alteration or expansion complies with all applicable lot, building, dimensional and locational requirements and does not increase the extent of the structure’s nonconformity. A building with a nonconforming street setback, for example, may be expanded to the rear as long as the rear expansion complies with applicable rear setback standards.
   2. A structure with a nonconforming setback may not be expanded horizontally or vertically within the required setback area, except that the zoning board of appeals may approve a either a horizontal or a vertical extension of the nonconforming exterior walls of a detached house in accordance with the special use procedures In order to approve such horizontal or vertical extension, the zoning board of appeals must find that all the following criteria have been met:
      1. The extended wall will comply with all other applicable lot and building regulations (other than the nonconforming setback);
      2. The extension will not obstruct further into the required setback than the existing exterior building wall and will not extend the horizontal length of the nonconforming building wall more than 15% of its existing length;
      3. The horizontal or vertical wall extension does not include windows that allow views onto an abutting lot occupied by a detached house;
      4. The appearance of the expansion will be compatible with the adjacent property and neighborhood; and
      5. The expansion will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare.
5. Loss of Nonconforming Status:
   1. Damage or Destruction²:
      1. When a nonconforming structure is destroyed or damaged by acts of God or accidental fire, 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. When a nonconforming structure is demolished, damaged or destroyed by causes within the control of the owner and the extent of demolition, damage or destruction is more than 50% of the market value of the structure, as determined by the property owner’s certified appraiser, the structure may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.

Notes:
¹ This has been revised to be more flexible than current ordinance, which states that absolutely no expansion is allowed. ² This has been revised. Under the current ordinance, nonconforming structures damaged by more than 60% of value may not be re-established regardless of the cause of damage.

See 11-13-10.

1. Description: A nonconforming development feature is any aspect of a development—other than a nonconforming lot, nonconforming structure, nonconforming use 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 applicable zoning regulations. Common examples are off-street parking areas that contain fewer spaces than required by current regulations and sites that do not comply with current landscaping, screening or lighting regulations.
2. General: Nonconforming development features may remain except as otherwise expressly stated in this zoning ordinance, but the nature and extent of nonconforming development features may not be increased.