(1)
The Board of Trustees, after a public hearing and recommendation by the Zoning Board of Appeals, may grant an exception from the regulations set forth in this Article IX in accordance with their general purpose and intent, only in the specific instances herein established, and only when the Board of Trustees has made findings of fact, based upon the standards set forth in Section 9.14 of this Zoning Ordinance, supporting the conclusion that the strict application of the regulations of this Article IX will create practical difficulties of particular hardship for the owner, lessee or occupant of land, buildings or other structures.
(2)
Notwithstanding any terms of this Article IX prohibiting the continuation, reconstruction, or expansion of nonconforming uses and structures, a nonconforming use or structure may be deemed to be in conformity with the requirements of this Article IX, and may be allowed to continue and to expand as a lawfully existing use or structure, through the issuance of a special exception in accordance with the procedures and standards set forth in this Part E.
(1)
An application for a nonconforming status exception shall be filed
with the Zoning Officer, who shall forward a copy of the application
to the Zoning Board of Appeals without delay.
(2)
The application shall contain such information as determined necessary by the Zoning Officer. Within 60 days after the filing of such application, a hearing shall be held by the Zoning Board of Appeals on the application. Notices of the public hearing shall be delivered in accordance with Section 5.20 of this Zoning Ordinance.
(1)
The Board of Trustees shall not grant an exception from the regulations of this Article IX, as authorized pursuant to Section 9.15 of this Zoning Ordinance, unless it shall, in each specific case, make findings of fact, based upon the evidence presented to it, that support one or more of the following conclusions:
a.
The conditions upon which the application is based exist because
of existing factors not entirely attributable to the owner of the
property;
b.
The purpose of the request for a nonconforming status exception is
not based solely upon a desire to increase the value of the property;
or
c.
The granting of a nonconforming status exception will not be materially
detrimental to the public welfare or injurious to other property or
improvements in the neighborhood in which the subject property is
located.
(2)
In reviewing and acting upon an application, the Zoning Board of
Appeals and the Board of Trustees shall also consider the extent to
which the nonconforming use or structure can be improved as follows:
a.
A landscaped buffer could be provided between the nonconforming use
or structure and any abutting lot in order to provide the maximum
buffering effect for potentially adverse impacts of the use or structure
on any abutting properties.
b.
Off-street parking areas located on the lot could be improved by
landscaping sufficient to mitigate adverse impacts on any abutting
properties.
c.
Nonconforming signs, outdoor lighting, off-street parking areas,
and other nonconforming accessory structures located on the lot could
be removed or brought into conformity with the applicable requirements
of this ordinance.
d.
A nonconforming structure would not be expanded or enlarged so as
to increase the degree of nonconformity, except as permitted in this
article.
e.
Any expansion or enlargement of the use or structure could be limited
to no greater than 50% of the floor area or lot area that it occupied
on the effective date of this ordinance, or any amendment thereto,
which rendered the use or structure nonconforming.
Upon receipt of the findings and recommendation of the Plan Commission/Zoning Board of Appeals, a nonconforming status exception resulting in a variation from the regulations of this Article IX may be granted by the Board of Trustees upon consideration of the standards set out in Section 9.14 of this Zoning Ordinance, and may be granted only in accordance with and upon all the following conditions:
(1)
A nonconforming status exception will be granted only to the present owner or owners, provided that a contract purchaser or purchasers shall be deemed to be an owner having a title interest for purposes of this Section 9.15. Lessees or assignees of the owner shall not be entitled to a nonconforming status exception.
(2)
Zoning Board of Appeals may recommend, and the Board of Trustees
may impose, such conditions and restrictions upon the premises benefited
by a nonconforming status exception as deemed necessary for compliance
with the standards set out in this Zoning Ordinance, to reduce or
minimize the injurious effect of such exception upon other property
in the neighborhood, or to better to carry out the general intent
of this Zoning Ordinance and the Comprehensive Plan.
(3)
A nonconforming status exception will terminate automatically and
immediately at such time as:
a.
The owner ceases to use the property in the same manner in which
said property was used at the time application for a nonconforming
status exception was filed;
b.
The owner's or use of the property is increased or intensified significantly
from that inexistence as of the date of adoption of the ordinance
granting the nonconforming status exception;
c.
The property or area is not continually maintained in a neat and
orderly manner; or
d.
The structure or use is abandoned or discontinued for a period of
180 consecutive days.
(4)
Upon the granting of a nonconforming status exception by the Board
of Trustees, the subject use or structure shall no longer be treated
as nonconforming, and shall be allowed to continue as a lawfully existing
use or structure unless it satisfies one of the provisions set forth
in Section 9.15(2) of this Zoning Ordinance. The status as a lawfully
existing use shall apply only to the use or structure for which the
nonconforming status exception has been issued, and not to any other
use or structure that may be located on the subject property.
(5)
The ordinance approving the nonconforming status exception shall
be recorded by the Village Clerk with the Office of the Cook County
Recorder of Deeds.
[Added 12-3-2009 by Ord. No. 2009-2867A]
Notwithstanding any provision of this Part E to the contrary, no nonconforming status exception shall be recommended by the ZBA, or approved by the Board of Trustees, for any building or use of property that is nonconforming with respect to Section 3.07 of this Zoning Ordinance.
