21.1.1 Purpose and Intent. Regulations adopted by this Ordinance, or amendments to this Ordinance may cause properties, uses, lots, structures or improvements that were lawfully established prior to this Ordinance to no longer comply with regulations designated by this Ordinance. Properties, uses, lots, structures, or improvements that were established in violation of regulations and remain in violation of this Ordinance are considered Ordinance violations, not nonconformities. This Article intends to establish procedures and regulations for the use of those properties, lots, structures or improvements, which may become in conflict with this Ordinance. Landowners' interests to continue to use their legally established property shall be recognized; and maintenance, reuse, and rehabilitation of existing buildings are encouraged so long as the nonconformities do not adversely affect surrounding properties or the county as a whole. Continuance of nonconformities that are out of character with the zoning district or the nature of the surrounding area is discouraged.

21.1.2 Continuation and Increase. Any legal nonconformity is permitted to continue in accordance with the provisions of this Article. Nonconformity increase or expansion is prohibited except to the extent otherwise authorized by this Article.

21.1.3 Maintenance and Repair. Ordinary or routine maintenance and repair of nonconforming situations shall be permitted, unless such repair increases the nonconformity. Nothing in this Article shall prohibit the restoration or rehabilitation of a structure to a safe condition, in accordance with the Building Code.

21.1.4 Determination of Nonconformity Status. The burden of establishing that a lawful nonconformity exists rests upon the owner of such nonconformity. For purposes of establishing replacement value, the value shall be that established by the Supervisor the Assessor's Office. Where such information is not available, the burden of proof is on the owner to obtain an appraisal to be completed at his/her expense.

21.1.5 Tenancy and Ownership. Changes in ownership, management, or tenancy do not affect the status of a nonconformity.

21.2.1 Definition. A nonconforming use is a use that was legally established but is no longer in compliance with the regulations of the zoning district in which it exists.

21.2.2 Standards.

A.

Expansion of a nonconforming use in scope, extent, or impact of activity is prohibited, except where expansion eliminates or reduces the nonconformity.

B.

Expansion for the purpose of compliance with the off-street parking standards of this Ordinance shall not be considered expansion of the nonconforming use.

21.2.3 Change of Use. A nonconforming use shall not be changed to any use other than a use allowed in the zoning district in which it is located, with the exception of mobile homes which can be replaced with another mobile home provided the owner can present evidence that the subject mobile home was lawfully established and a special use is obtained.

21.2.4 Discontinuance of Nonconformity Status.

A.

Abandoned or Converted to a Conforming Use. A nonconforming use is considered abandoned if it ceases for any reason for a period of six (6) months. If the nonconforming use is abandoned or converted to a conforming use, then the use's nonconforming status shall be lost. Re-establishment of the nonconforming use is prohibited, and subsequent use of the property shall be in compliance with the regulations of the zoning district in which it is located.

B.

Damage or Destruction. When a structure containing a nonconforming use is damaged or destroyed, and the cause of damage was not by any means within the control of the owner, the nonconforming use may be re-established provided that no new nonconformities are created and the degree of the previous nonconformity is not increased. If the structure containing the nonconforming use is a nonconforming structure, such structure must be rebuilt, restored, repaired, or reconstructed in accordance with Section 21.4.

C.

Relocation. A nonconforming use of land or a structure shall not be relocated, in whole or in part, to any other location on the same lot or parcel. The nonconforming 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.

21.2.5 Accessory Uses. If the principal nonconforming use terminates or ceases for any reason, any accessory uses must be terminated.

21.3.1 Definition. A nonconforming lot shall be any legally established tract of land or a duly recorded deed that is no longer in compliance with the density and dimensional standards of the zoning district in which it exists. A nonconforming lot may no longer comply with the applicable lot area, lot width or lot frontage standards because of an amendment to the ordinance, a public agency's acquisition of a portion of the lot or by the rezoning of the lot or other applicable regulations.

21.3.2 Standards.

A.

The creation of a lot that does not meet the underlying zoning district density and dimensional standards is prohibited; except when, the creation of a lot that does not meet Ordinance standards is a consolidation of more than one (1) legal nonconforming lot and creates a lot that more closely meets Ordinance requirements.

B.

Where governmental action, such as acquisition of a portion of a lot by a public agency, renders a lot nonconforming, the lot shall have nonconforming status and is subject to the standards set forth in this subsection.

C.

Any legally established single lot or parcel of land, which was recorded as of October 9, 1980, that does not meet the requirements of minimum lot width and/or area, may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than seventy-five percent (75%) of the minimum required dimensions or areas. Development of lots, however, in the Agricultural Districts shall meet the requirements set forth in Article 7 (as the regulations herein do not apply).

21.3.3 Uses. Vacant nonconforming lots existing on the date of adoption of this Ordinance and recorded after October 9, 1980 may be developed with permitted uses of the underlying zoning district so long as the use and affiliated structures comply with the minimum requirements and use standards of this Ordinance as well as the requirements of the Winnebago County Health Department. Development of lots, however, in the Agricultural Districts shall meet the requirements set forth in Article 7 (as the regulations herein do not apply).

21.4.1 Definition. A nonconforming structure shall be any legally established building or structure that is no longer in compliance with the current regulations of the zoning district in which it exists.

21.4.2 Standards.

A.

A nonconforming structure may be used for any permitted use in the underlying zoning district.

B.

No expansion or improvement shall be permitted if such expansion or improvement increases the extent of the nonconformity. Any future additions or structural alterations shall conform to the provisions of this Ordinance.

C.

Improvements necessary for existing buildings to meet local health, sanitary, or safety code requirements shall not be considered increases in the extent of the nonconformity.

D.

Improvements or alterations to historic structures listed on the National Register of Historic Places or listed as a historic site by the Illinois Preservation Agency with a certificate of appropriateness for the improvement or alteration shall not be considered increases in the extent of the nonconformity.

E.

A nonconforming structure may only be relocated if the relocation eliminates the nonconforming aspects of the situation. A nonconforming structure may be elevated for the purpose of flood-proofing or repair.

F.

When a nonconforming structure is damaged or destroyed to the extent of 50% or more of its replacement value, the structure may be restored or rebuilt only if it conforms to the provisions of this Ordinance. When a nonconforming structure is damaged or destroyed to the extent of less than 50% of its replacement value, it may be repaired and rebuilt to its previous condition, so long as the cause of damage was not by any means within the control of the owner, the nonconformity is not expanded, and no new nonconformity is created.

G.

If a nonconforming structure is restored or improved and more than fifty percent (50%) of the pre-existing structure is removed or replaced to maintain structural integrity, the structure is considered to be damaged or destroyed and the entire structure must be brought into conformance.

H.

Nonconforming single-family development in the AG, A-1 and A-2 Districts may be subject to the standards of Section 7.7.2.

21.4.3 Nonconforming Structures within the Floodplain. A lawfully established nonconforming structure that is nonconforming because of the FP Overlay District (structure is within a floodplain) may be reconstructed on the same lot so long as it meets yard setbacks, footprint is same or no larger than 15% greater than prior existing footprint, a building and/or zoning permit is issued within twelve (12) months of structure demolition and reconstruction is completed prior to expiration of the permit. Any subsequent development shall be in compliance with all the regulations of the zoning district in which it is located.

21.4.4 Accessory Structures. An accessory structure to a principal nonconforming structure shall not be permitted if destroyed by any means by more than fifty percent (50%) of its replacement value as of the date on which the destruction occurs. An accessory structure may only be altered or rebuilt if it complies with all applicable regulations of this Ordinance.

21.4.5 Structures Rendered Nonconforming Due to Rezoning Action. If a structure has been rendered nonconforming or made more nonconforming by a rezoning action, the structure shall have the status of a legal nonconforming structure.

21.5.1 Definition. A nonconforming sign shall be any sign that was legally established but is no longer in compliance with the sign regulations of this Ordinance.

21.5.2 Standards.

A.

Expansion of a nonconforming sign shall be prohibited.

B.

Ordinary or routine maintenance of a nonconforming sign is permitted. This includes, but is not necessarily limited to: replacing light bulbs, repainting or making minor repairs to maintain safety integrity. Changes to a nonconforming sign face are permitted so long as such changes do not increase nonconformity.

C.

A nonconforming sign shall not be moved in whole or in part to any other location unless the move will result in the entire sign being brought into compliance with all applicable regulations of this Ordinance.

21.5.3 Discontinuance of Nonconformity Status. If a sign is destroyed by any means by more than fifty percent (50%) of its replacement value it shall not be reestablished except in compliance with all applicable regulations of this Ordinance.

21.5.4 Signs Accessory to Nonconforming Use. Signs accessory to nonconforming uses shall be permitted in accordance Article 22: Signs.

In accordance with the Illinois Complied Statutes, the Winnebago County Board shall be authorized to order the amortization of existing nonconformities.