(A)   Scope. The regulations of this article govern nonconformities, which are lots, uses and structures 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.

   (B)   Intent. Occasionally, lots, uses, and structures that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) have been made nonconforming because of changes in the zoning regulations that apply to the subject property (e.g., through zoning map amendments or amendments to the text of this zoning ordinance). The regulations of this article are intended to clarify the effect of such nonconforming status and avoid confusion with "illegal" buildings and uses (those established in violation of applicable zoning regulations). The regulations of this article are also intended to:

      (1)   Recognize the interests of landowners in continuing to use their property for uses and activities 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.

   (C)   Authority to continue. Any nonconformity that existed on the effective date specified in § 155-1.20 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)   Determination of nonconformity status.

      (1)   The burden of proving that a nonconformity exists (as opposed to a violation of this zoning ordinance) rests entirely with the subject owner.

      (2)   The Zoning Administrator is authorized to determine whether adequate proof of nonconforming status has been provided by the subject owner.

      (3)   Building permits, zoning certificates, lawfully recorded plats, aerial photography owned by the county 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 Zoning Administrator is authorized to consider whether other forms of evidence provided by the applicant are reliable and adequate to document nonconforming status. Common examples of evidence that may be determined to be reliable and adequate include:

         (a)   Professional registrations or business licenses;

         (b)   Utility billing records;

         (c)   Rent records;

         (d)   Advertisements in dated publications;

         (e)   Listings in telephone or business directories; and

         (f)   Notarized affidavits affirming the date of lawful establishment of the use, lot or structure.

      (4)   The Zoning Administrator's determination of nonconforming status must be supported by written findings. Appeals of the Zoning Administrator's determination may be appealed in accordance with § 155-16.100.

   (E)   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.

      (3)   Nothing in this article is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized order of a public official.

   (F)   Replacement values.

      (1)   Except as otherwise expressly stated, replacement value for all structures is deemed to be three times the equalized assessed valuation of the improvement (based upon information obtained from the Will County Supervisor of Assessments or Township Assessor) for the tax year in which the loss occurred, unless the applicant provides replacement valuation data prepared by a certified appraiser.

      (2)   For structures eligible for agricultural exempt status under § 155-1.50(A)(1) and in instances in which valuation data is not available from the Will County Supervisor of Assessments or Township Assessor, the Zoning Administrator is authorized to use building permit records, contractor estimates, or other information deemed by the Zoning Administrator to be reliable and reflective of actual replacement costs.

   (G)   Change of tenancy or ownership. Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management.

(Ord. effective 10-1-2012)

   (A)   Description. A nonconforming lot is a lot that was lawfully created in accordance with lot area and lot frontage regulations in effect at the time of the lot's establishment but that does not comply with currently applicable lot area or lot frontage regulations.

   (B)   Use of and building on nonconforming lots. Zoning certificates and building permits may be issued for any principal or accessory uses and structures allowed in the subject zoning district without bringing the nonconforming lot into compliance with the lot area or lot frontage standards of the subject zoning district.

   (C)   Lot and building standards.

      (1)   Development on all nonconforming lots must comply with the lot and building standards of the subject zoning district except as expressly stated in division (B) of this section.

      (2)   Nonconforming lots may not be adjusted in size or shape to increase the extent of nonconformity for lot area lot frontage, setback or other applicable lot and building standards. Lot area or shape adjustments that decrease the extent of nonconformity are allowed.

   (D)   Merger of contiguous lots. When two or more contiguous nonconforming lots are held in common ownership and one or more of the lots is not occupied by a principal use, the lots will be deemed a single zoning lot and must be used as a single lot in order to meet or come closer to meeting applicable lot area and lot frontage requirements.

   (E)   Effect of public acquisition. If a portion of a lawfully established lot is acquired by a public agency, the remainder of the lot is deemed to be a conforming lot.

(Ord. effective 10-1-2012)

   (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 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)   Change of use. A nonconforming use may be changed to any other use that is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use may not be re-established.

   (C)   Expansion of use.

      (1)   Except as otherwise expressly stated, a nonconforming use may be expanded into another part of the same building as that building existed on the date that the use became nonconforming, provided that the Zoning Administrator determines such expansion:

         (a)   Will not result in a violation of off-street parking or loading requirements; and

         (b)   That no floor area is being added to the building to accommodate the use expansion.

      (2)   Nonconforming open-air uses may not be expanded beyond the area occupied by the use at the time it became nonconforming.

      (3)   Expansion for the sole purpose of complying with off-street parking standards of this zoning ordinance is not considered expansion of a nonconforming use.

   (D)   Remodeling and improvements. A building in which a nonconforming use is located may be remodeled or otherwise improved as long as the remodeling or improvements do not violate the other regulations of this article.

   (E)   Moving. 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 increase the extent of the nonconformity. A nonconforming use may be moved to another lot only if the use is allowed under the zoning regulations that apply to that (relocation) lot.

   (F)   Loss of nonconforming status.

      (1)   Abandonment.

         (a)   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.

         (b)   A nonconforming use is presumed abandoned when the use is discontinued or ceases for a continuous period of one year or more.

         (c)   The presumption of abandonment may be rebutted upon showing, to the satisfaction of the Zoning Administrator, that during such period the owner of the land or structure has been:

            1.   Maintaining the land and structure in accordance with all applicable county requirements and did not intend to discontinue the use;

            2.   Actively and continuously marketing the land or structure for sale or lease for that particular nonconforming use; or

            3.   Engaged in other activities that affirmatively prove there was not intent to abandon.

         (d)   Any period of discontinued use caused by government action, unintended fire or natural disaster will not be counted in calculating the length of discontinuance.

         (e)   No court decreed land use will be considered to have been abandoned due to discontinuance.

      (2)   Change to conforming use. 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.

      (3)   Accidental damage or destruction. When a building containing a nonconforming use is accidentally destroyed or damaged by causes that are not within the control of the property owner or tenant, 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 18 months of the date of occurrence of such damage.

      (4)   Intentional destruction. When a building containing a nonconforming use is intentionally damaged or destroyed by causes within the control of the owner and the extent of damage or destruction is more than 50% of the replacement cost of the structure, the use may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.

   (G)   Continued farming of rezoned land. The nonconforming use provisions of this section are not intended and will not be interpreted to prohibit continued agricultural use on vacant land that has been rezoned for residential, commercial, industrial or other purposes. This provision is intended to clarify that previously established agricultural uses may continue on property that has been rezoned prior to the time that the property is actually developed.

   (H)   Accessory uses. No use that is accessory to a principal nonconforming use may continue after the principal nonconforming use has ceased.

   (I)   Conversion to special use. A nonconforming use may be converted to a special use by the granting of a special use permit, in accordance with the special use permit procedures of § 155-16.40. This conversion may occur only when it is shown that the nonconforming use is providing a particular service to the residents of Will County and that the use is not detrimental to the county as a whole or to surrounding properties.

(Ord. effective 10-1-2012)

   (D)   Alterations and expansions. Alterations, including enlargements and expansions, are permitted if the proposed alteration or expansion complies with all applicable lot and building standards and does not increase the extent of the 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 and all other applicable lot and building standards. On the other hand, a multi-dwelling building that is nonconforming with regard to density (i.e., contains more dwelling units than allowed by the underlying zoning) may not be expanded to add additional dwelling units.

   (E)   Moving. A nonconforming structure may be moved in whole or in part to another location only if the movement or relocation does not increase the extent of the nonconformity. This provision is not intended to prohibit elevation of a nonconforming structure for the purpose of floodproofing or repair.

   (F)   Loss of nonconforming status.

      (2)   Intentional damage or destruction. When a nonconforming structure is intentionally destroyed or damaged by causes within the control of the owner and the extent of damage or destruction is more than 50% of the replacement cost of the structure, the use may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located. This provision does not apply to agriculturally exempt structures, as identified in § 155-1.50(A).

      (3)   Damage or destruction after right-of-way acquisition. If a structure is rendered nonconforming or made more nonconforming by a public agency's acquisition of right-of-way and the structure is subsequently damaged or destroyed by any means, the structure may be reestablished, 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 18 months of the date of occurrence of such damage.

      (4)   Water resource ordinance. Compliance with the Water Resource Ordinance is required for all structures, including structures that are identified as agriculturally exempt.

   (G)   Conversion to special use. A nonconforming structure may be converted to a special use by the granting of a special use permit, in accordance with the special use permit procedures of § 155-16.40. This conversion may occur only when it is shown that the nonconforming structure is providing a particular service to the residents of Will County and that the use is not detrimental to the county as a whole or to surrounding properties.

   (H)   Conversion of nonconforming advertising signs to dynamic displays. Alterations, modifications or conversions of a nonconforming advertising sign to incorporate a dynamic display are prohibited unless the advertising sign is brought into full compliance with all applicable regulations of this zoning ordinance.

(Ord. effective 10-1-2012; Ord. 16-227, passed 12-15-2016; Ord. 18-1, passed 1-18-2018)

   (A)   Description. A nonconforming development feature is any aspect of a development—other than a nonconforming lot, nonconforming use, nonconforming structure 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 standards of this zoning ordinance. Common examples of nonconforming development features are off-street parking or loading areas that contain fewer spaces than required by current standards or otherwise do not comply with applicable regulations, and sites that do not comply with current landscaping and screening requirements.

   (B)   General. Nonconforming development features may remain except as otherwise expressly stated in this zoning ordinance, but the nature and extent of nonconforming site features may not be increased except as otherwise expressly stated in this zoning ordinance.

(Ord. effective 10-1-2012)

      (1)   If an advertising sign is nonconforming by reason of restrictions on its brightness or illumination or its use of dynamic displays, strobe or beacon lights, the sign must be immediately removed or made to conform.

      (2)   If a nonconforming advertising sign is damaged or partially destroyed to the extent of more than 50% of its replacement cost at the time of damage, the sign must be removed or made to conform to all applicable regulations within 90 days of the date of damage or destruction.

      (3)   If a nonconforming advertising sign is not used for advertising purposes for a period of 180 consecutive days, the nonconforming advertising sign is deemed to have been abandoned and must be removed. A sign that directs attention to the sign owner's outdoor advertising business, commodity, or service is not considered “advertising” for purposes administering and enforcing the provisions of this paragraph.

      (1)   If sign is nonconforming by reason of restrictions on its brightness or illumination or its use of dynamic displays, strobe or beacon lights, the sign must be immediately removed or made to conform.

      (2)   A window sign that is nonconforming by reason of restrictions on its sign area must be immediately removed or made to conform.

      (3)   If a nonconforming sign is damaged or partially destroyed to the extent of more than 50% of its replacement cost at the time of damage, the sign must be removed or made to conform to all applicable regulations within 90 days of the date of the date of damage or destruction.

      (4)   If the on-premise sign is not used for advertising purposes for a period of 180 consecutive days, the sign is deemed abandoned and must be removed.

(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)