(A)

Purpose. The regulations of this article govern nonconforming lots, uses, structures, and signs 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. These regulations are intended to ensure that any nonconformities that adversely affect the orderly development and taxable value of other property not be permitted to continue without restriction. This article provides for the regulation of nonconformities and specifies those circumstances and conditions under which such nonconformities are allowed to continue.

(B)

Determination of nonconformity status. The burden of proving that a nonconformity exists (as opposed to a violation of this zoning ordinance) is the responsibility of the property owner or the operator of the use. The zoning administrator is authorized to determine whether adequate proof of nonconforming status has been provided by the owner or operator. Such evidence may include historical documents, including building permits, lawfully recorded plats, aerial photography, professional registrations or licenses, utility billing records, leasing records, advertisements, listings in telephone or business directories, and notarized affidavits affirming the date of lawful establishment of nonconformity.

(C)

Authority to continue. Any nonconformity that existed on the effective date specified in section 1.03 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 article unless otherwise expressly stated.

(D)

Repairs and maintenance.

(1)

Nonconformities must be maintained to be safe and in good repair.

(2)

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.

(E)

Changes in tenancy or ownership. Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management.

(F)

Regulations in other sections. Some nonconforming situations are more specifically regulated in other sections of this zoning ordinance. If any of these more specific regulations conflict with the nonconformity regulations of this article, the more specific regulations found in other sections of this zoning ordinance govern.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Description. A nonconforming lot is a lot that was lawfully created in accordance with any applicable lot area, lot width, and lot depth regulations in effect at the time of the lot's establishment but that because of the adoption of new or amended regulations does not comply with currently applicable lot area, lot width, or lot depth regulations.

(B)

Regulations.

(1)

A nonconforming lot in an R district may be used as a building site for a single detached house and related accessory uses, subject to compliance with applicable lot and building regulations other than those pertaining to lot area and lot width.

(2)

Nonconforming lots in non-R 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.

(3)

Any lot of record at the time of adoption of this zoning ordinance that contains a minimum lot width of 50 feet or greater may be used, developed or redeveloped without a variance provided all other provisions of this zoning ordinance are met.

(4)

Any lot of record at the time of adoption of this zoning ordinance that contains a minimum lot width of less than 50 feet or that does not comply with the minimum lot area requirements of this zoning ordinance may only be used, developed or redeveloped after obtaining a variance.

(5)

Any vacant lot abutting another lot under common ownership is considered a single lot for purposes of administering and enforcing the nonconforming lot provisions of this section.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Description. A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that because of the adoption of new or amended regulations is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with any applicable separation (or spacing) distance requirements (e.g., those that require one land use to be located a certain minimum distance from another land use) are also deemed nonconforming uses.

(B)

Authority to continue.

(1)

Any nonconforming use of all or part of a structure, or any nonconforming use of land not involving a structure or involving an accessory structure may be continued as long as it remains otherwise lawful, subject to the requirements of this section. The continuation of such nonconforming use must be for the exact same use as originally established, and variances of such use are not permitted. For example, and without limitation, a lawfully existing nonconforming general practice doctor's office may not be changed to and continued as a nonconforming emergency care facility or a dentist's office; a lawfully existing facility that repairs small engines may not be changed to and continued as a nonconforming facility that repairs other products; a lawfully existing outdoor storage use of lumber on land may not be changed and continued for the nonconforming outdoor storage use of other products.

(2)

A nonconforming accessory use must cease when the principal use of the subject property ceases.

(3)

Residential accessory uses are permitted on lots occupied by a nonconforming residential use, subject to the accessory use regulations of article VII.

(4)

Residential accessory structures are permitted on lots occupied by a nonconforming residential use, subject to the accessory structure regulations of article VII and the lot coverage regulations that apply in the zoning district in which such residential use is a permitted use.

(C)

Repair and maintenance. Normal maintenance and incidental repair or replacement, and installation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided that the other requirements of this article are met.

(D)

Expansion.

(1)

A nonconforming use may not be extended, expanded, enlarged or increased in intensity. Such prohibited activity includes:

(a)

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

(b)

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

(c)

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

(E)

Relocation. A structure that is devoted in whole or in part to a nonconforming use may not be relocated in whole or in part to any other location on the same or any other lot, unless the entire structure and use complies with all regulations of the zoning district in which such structure and use are located after being relocated. A nonconforming use of land may not be relocated in whole or in part to any other location on the same or any other lot, unless such use complies with all regulations of the zoning district in which such use of land is located after being relocated.

(F)

Change in use. A nonconforming use of a structure or land may not be changed to any other use other than a use permitted in the zoning district in which such structure or land is located. When such nonconforming use has been changed to a permitted use, it may only be used thereafter for a use permitted in the zoning district in which it is located. See also section 13.03(B).

(G)

Abandonment or discontinuance. When a nonconforming use of all or part of a structure or land is discontinued or abandoned for a period of 180 consecutive days, such use may not thereafter be re-established or resumed. Any subsequent use of such structure or land after such discontinuation or abandonment must comply with the regulations of the subject zoning district.

(H)

Damage or destruction.

(1)

If a structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of more than 50 percent of the fair market value of the structure immediately before such damage or destruction, such structure may not be restored unless such structure and the use thereof complies with all regulations of the zoning district in which such structure and use are located.

(2)

When such damage or destruction is 50 percent or less of the fair market value of the structure immediately before the damage, such structure may be repaired and reconstructed and used for the same use as it was before the damage or destruction, provided that a building permit is secured within 180 days of the date of partial damage or destruction and restoration is started within 365 days of the date of the partial damage or destruction and is diligently pursued to completion in accordance with the requirements for permits contained in chapter 18 of the village code. The zoning administrator is authorized to extend these deadlines for good cause shown. The failure to commence and complete restoration of a partially destroyed or damaged structure in accordance with these regulations will result in the loss of nonconforming status.

(3)

The burden is on the property owner to prove the fair market value of the damaged or destroyed structure by providing an appraisal from a licensed appraiser that is no more than two years old, or by other means acceptable to the zoning administrator.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Description. A nonconforming structure is any structure, other than a sign, that was lawfully established but that because of the adoption of new or amended regulations no longer complies with applicable lot and building regulations or other structure-oriented dimensional or locational requirements of this zoning ordinance.

(B)

Authority to continue. A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the regulations of article.

(C)

Repairs and alterations. Normal repairs, enlargements and improvements may be made to a nonconforming structure, provided that repairs, enlargements and improvements do not create an additional nonconformity or increase the degree of the existing nonconformity. For example, a structure with a nonconforming front setback may be expanded to the rear as long as the rear expansion complies with the applicable rear setbacks and other zoning regulations. However, a structure with a nonconforming setback may not be expanded horizontally or vertically within the required setback area, except that a residential dwelling unit with a nonconforming front setback or street side setback may be expanded vertically though the addition of a second story if such addition matches the original building footprint. No structural enlargements may be made in or to a structure, all or substantially all of which is designed and intended for a use not permitted in the subject zoning district. The zoning administrator is authorized to determine the extent of allowed normal repairs, enlargements and improvements.

(D)

Relocation. A nonconforming structure may not be moved, in whole or in part, to any other location on the same or any other lot unless every portion of such structure and the use thereof is designed and used or intended for a use permitted in the district in which it is (re)located, and further such structure mut comply with the other regulations of the subject zoning district and all other applicable regulations of this zoning ordinance.

(E)

Damage or destruction.

(1)

A nonconforming structure that is destroyed or damaged by any means to the extent of 50 percent or more of the structure's fair market value immediately before the damage was sustained, may not be restored unless such structure complies with all regulations of the subject zoning district.

(2)

If a nonconforming structure is damaged to the extent of less than 50 percent of the structure's fair market value, such structure may be repaired and reconstructed as it was before the damage or destruction, provided that a building permit is secured within 180 days of the date of partial damage or destruction and restoration is started within 365 days of the date of the partial damage or destruction and is diligently pursued to completion in accordance with the requirements for permits contained in chapter 18 of the village code. The zoning administrator is authorized to extend these deadlines for good cause shown. The failure to commence and complete restoration of a partially destroyed or damaged structure in accordance with these regulations will result in the loss of nonconforming status and such structure must thereafter be removed and the site cleaned.

(3)

The failure to timely commence restoration of a partially destroyed or damaged nonconforming structure, and/or the failure to diligently pursue restoration to completion, results in the loss of the legal, nonconforming status of such structure

(4)

The burden is on the property owner to prove the fair market value of the damaged or destroyed structure by providing an appraisal from a licensed appraiser that is no more than two years old, or by other means acceptable to the zoning administrator.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Description. Any sign that was lawfully established but that because of the adoption of new or amended sign regulations no longer complies with the sign regulations of this zoning ordinance.

(B)

Regulations.

(1)

Ordinary repairs and maintenance, including the removal and replacement of outer sign panels is permitted, provided that the panels are replaced with identical panels and that no structural alterations or other work that extends the normal life of the nonconforming sign is permitted.

(2)

Individual panels on multi-panel monument signs on the site of multi-tenant centers may be changed to reflect tenant changes.

(3)

Repairs or alterations that increase the size or height of a nonconforming sign are expressly prohibited.

(4)

Nonconforming signs may not be moved in whole or in part to any other location on the same or any other premises unless every portion of such sign is made to conform to regulations applicable to the new location.

(5)

If a nonconforming sign structure or cabinet is abandoned or discontinued for a continuous period of 365 days or more, it must be removed, and any subsequent sign must conform to sign regulations of article XI.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

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.

(B)

Regulations. 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.

(Ord. of 08-07-2025(1), 8-7-2025)