The purpose of this Article is to provide for the regulation of non-conforming uses, structures and lots, and to specify those circumstances and conditions under which non-conforming structures and uses must be eliminated.

(Code 1993, § 20-17.1)

(a)

Authority to Continue. Any use, structure or lot that existed as a lawful non-conformity at the time of the adoption of this Ordinance, and any use, structure or lot that has been made non-conforming because of the terms of this Ordinance, or any subsequent amendments, may continue subject to the provisions of this Article so long as it remains otherwise lawful. A structure or use that is illegal at the time of the adoption of this Ordinance, remains illegal if it does not conform with each and every requirement of this Ordinance.

(b)

Burden on Property Owner to Establish Legality. In all cases, the burden of establishing the legality of a non-conformity under the provisions of this Ordinance are upon the property owner of the non-conforming use, structure or lot.

(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 non-conforming structures.

(Code 1993, § 20-17.2)

(a)

Definition of Non-conforming Use. A non-conforming use is the use of land or a structure that, as of the effective date of this Ordinance, is used for purposes not allowed in the zoning district in which it is located.

(b)

Ordinary Repairs and Maintenance. Normal maintenance and incidental repair may be performed on any structure that is devoted in whole or in part to a non-conforming use, provided it will not create any new non-conformity, increase the degree of non-conformity or increase the bulk of the structure in any manner.

(c)

Structural Alterations. No structural alterations may be performed on any structure devoted to a non-conforming use, except 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 the public safety.

(2)

When the alteration is for the purpose of bringing about a conforming use.

(3)

When the alteration will not create any new non-conformity, increase the degree of any existing non-conformity or increase the bulk of the structure in any manner.

(d)

Expansion of Use. A non-conforming use of land or a structure may not be expanded, extended, enlarged or increased in intensity. Prohibited activity includes, without limitation:

(1)

Expansion of any structure devoted entirely to a non-conforming use.

(2)

An expansion, extension or relocation of a use or its accessory uses to any land area or structure not currently occupied by such non-conforming use.

(3)

An expansion, extension or relocation of such use, including its accessory uses, within a structure, to any portion of the floor area that was not occupied by such non-conforming use.

(e)

Relocation. A non-conforming use of land or a structure may not be relocated, in whole or in part, to any other location on the same lot or parcel. The non-conforming use may only be relocated to another lot or parcel if the use conforms to all regulations of the zoning district in which it is relocated, including all use regulations.

(f)

Change of Use. A non-conforming use may not be changed to any use other than one allowed within the zoning district in which it is located, except that a non-conforming use may be changed to another non-conforming use when reviewed by the Zoning Board of Appeals and approved by the Village Board under the special use provisions of Article 30-5. When such a non-conforming use has been changed, in whole or in part, to an allowed use, the whole or part which has been made to conform may not be changed back to a use that is prohibited. A change of use occurs when an existing non-conforming 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 lawful non-conforming use.

(g)

Discontinuation or Abandonment.

(1)

If a non-conforming use is discontinued, or the structure that it occupies becomes vacant and remains unoccupied for a continuous period of one hundred eighty (180) days, such use is deemed to be abandoned and may not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use must comply with all regulations of the zoning district in which such land or structure is located.

In a residential district, a new non-conforming commercial use may replace a discontinued or abandoned legal non-conforming commercial use, regardless of the unoccupied period. When such proposed new non-conforming use is reviewed by the Zoning Board of Appeals and approved by the Village Board under the special use provisions of Article 5.

(2)

The period of such discontinuance caused by government action or acts of God are not included in calculating the length of discontinuance for this section.

(3)

If a non-conforming use is offered for sale or lease but continues to remain occupied and functioning during this period, that period is not included in calculating the length of discontinuance for this section.

(h)

Damage or Destruction.

(1)

In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value at that time, then the non-conforming use may not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use must comply with all regulations of the zoning district in which such land or structure is located.

(2)

In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed to the extent of less than fifty percent (50%) of the replacement value at that time, the structure may be repaired, reconstructed or restored and the non-conforming use continued, provided that no new non-conformities are created and that the existing degree of non-conformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair or reconstruction and construction begun within one hundred eighty (180) days.

(3)

The replacement value of the structure, which is devoted in whole or in part to a non-conforming use, shall be determined by the use of: 1) construction cost data reports generally accepted in the construction or insurance industry such as that published by research firms concentrating in construction cost data, including but not limited to RS Means Company; 2) the report of a public adjuster estimating replacement and repair cost; or 3) such method as determined reliable by the Village.

(Code 1993, § 20-17.3; Ord. No. 2020-O-64, § 2, 11-24-2020)

(a)

Definition of Non-conforming Structure. Structures which at one (1) time conformed to applicable zoning regulations, but because of subsequent amendments to the Ordinance no longer conform to applicable setback, height, lot coverage or other dimensional standards or do not meet other standards of this Ordinance, such as an insufficient number of parking spaces, are considered non-conforming structures.

(b)

Ordinary Repairs and Maintenance.

(1)

Normal maintenance and incidental repair may be performed on any non-conforming structure. No repairs or reconstruction are permitted that would create any new non-conformity, increase the degree of any previously existing non-conformity, or increase the bulk of the structure in any manner.

(2)

A legal, non-conforming porch, stoop or steps attached to a dwelling may be repaired or replaced without obtaining a variation from the provisions of this Ordinance provided that the dimensions and location of the porch, landing or steps, as the case may be, remain unchanged. No variation is required in such case.

(3)

Paved surfaces, such as driveways, aprons, parking pads, sidewalks and patios, that are non-conforming for impervious surface coverage, may be repaired or replaced without obtaining a variation from the provisions of this Ordinance provided that the dimensions and location of the non-conforming paved surfaces remain unchanged.

(c)

Structural Alterations. No structural alterations may be performed on any non-conforming structure, except 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 the public safety.

(2)

When the alteration will result in eliminating or decreasing the nonconformity.

(3)

When the alteration will not create any new non-conformity or increase the degree of any existing non-conformity.

(d)

Additions and Enlargements.

(1)

A structure that is non-conforming with respect to its bulk may not be added to or enlarged with the exception of the following non-conforming structures in Paragraph (2) below.

(2)

A structure that is non-conforming due to either minimum yard or building height requirements may be added to or enlarged, as qualified in this Paragraph.

(A)

The structure is one (1) of the following:

(i)

Single-family dwelling;

(ii)

Two-unit dwelling;

(iii)

Structure owned, operated or occupied by the Village; or

(iv)

Structure owned, operated or occupied by a public school district, public library district or public park district governed by an elected board or commission.

(B)

The enlargement or alteration meets the following:

(i)

The enlargement or alteration conforms to the standards of this Ordinance;

(ii)

The total structure as enlarged or altered does not diminish the total required yard area for the applicable zoning district; and

(iii)

The property owner or developer secures a building permit for the enlargement or addition.

(e)

Relocation. A non-conforming structure may not be relocated, in whole or in part, to any other location on the same zoning lot. A non-conforming structure may be relocated to another zoning lot if the structure conforms to all regulations of the zoning district in which it is relocated.

(f)

Damage or Destruction.

(1)

In the event that any non-conforming structure is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value at that time, then the structure may not be restored or rebuilt unless the structure 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 fifty percent (50%) of the replacement value at that time, it may be repaired and reconstructed provided that no new non-conformities are created and that the existing degree of non-conformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair or reconstruction and construction begun within one hundred eighty (180) days.

(3)

The replacement value of the non-conforming structure shall be determined by the use of: 1) construction cost data reports generally accepted in the construction or insurance industry such as that published by research firms concentrating in construction cost data, including but not limited to RS Means Company LLC; 2) the report of a public adjuster estimating replacement and repair cost; or 3) such method as determined reliable by the Village.

(g)

Intentional Demolition. When a non-conforming structure is to be intentionally demolished and is determined to be new construction as defined in chapter 8, section 8-110(a), definitions, of the Village Code, the structure must conform to all regulations of the Zoning Ordinance.

(Code 1993, § 20-17.4; Ord. No. 2017-O-59, 10-10-2017)

(a)

Individual Lots of Record in Residential Districts. In residential districts, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling may be erected on a single lot of record that is non-conforming in terms of lot width, lot area or lot depth provided that it meets the following conditions:

(1)

The owner of that lot, or a related party of the owner of that lot, owns or controls no other contiguous lots.

(2)

The lot meets all other zoning district bulk requirements.

(b)

Lots of Record in Residential Districts Owned by Related Parties. If two (2) or more contiguous lots of record are held in common ownership or are owned or controlled by related parties and one (1) or more of the lots does not meet the requirements for lot area or lot width as established by this Ordinance, then the lots of record are considered to be a single undivided parcel for purposes of this Ordinance. No portion of the parcel may be used, transferred or conveyed which does not meet the lot width and lot area requirements established by this Ordinance. No division of the parcel may be made which leaves the remaining lot(s) with lot width or lot area below the requirements of this Ordinance. No building permit will be issued for the use of any lot, or portion of a lot, transferred or conveyed in violation of this Article.

(c)

Variations. No variation from these restrictions shall be granted unless the property owner can demonstrate that one (1) of the following standards have been met, in addition to the general standards for granting a variation:

(1)

The lot met the lot area and lot width requirements of the zoning ordinance in effect at the time the owner acquired the lot.

(2)

Over fifty percent (50%) of the lots within five hundred (500) feet of the lot in question have been developed as individual building sites, containing one (1) principal building or structure each, which do not meet the lot width or lot area requirement for the district in which they are located.

(3)

The owners of abutting lots refuse to sell or convey, at a fair market price, portions of those lots that could be added to the lot in order to make it meet the area and width requirements without reducing the lot area, lot width, and yards required by this Ordinance for any such abutting lot.

(Code 1993, § 20-17.5)

(a)

No non-conforming sign may be relocated wholly or in part to any other location on the same or any other lot, unless the entire sign thereafter conforms to all regulations of the zoning district in which the sign is relocated.

(b)

No non-conforming sign may be altered or enlarged in a way that increases the non-conformity of the sign. This does not include normal maintenance and cleaning or changing of copy on a changeable copy sign.

(c)

In the event that any non-conforming sign is damaged or destroyed to the extent of more than fifty percent (50%) of the fair market value of the sign immediately prior to the damage, the sign may not be restored or repaired unless it thereafter conforms to all applicable regulations for the district.

(Code 1993, § 20-17.6)

(a)

No non-conforming fence may be repaired or replaced unless the entire fence thereafter conforms to all regulations of this Ordinance. The replacement of one (1) or more posts, one (1) or more sections, and/or the replacement of more than fifty percent (50%) of the slats within a section of fencing shall constitute a structural repair.

(Code 1993, § 20-17.7)