The purpose of this article is to establish regulations for the following nonconforming situations: nonconforming uses, substandard lots, nonconforming structures, and nonconforming sites created legally prior to the effective date of this chapter (November 7, 2011). Nonconforming signs are addressed further in § 390-1011.
A.
Definition. A nonconforming use is any active and actual use of land,
buildings, or structures that lawfully existed prior to the enactment
of this chapter, which has continued as the same use to the present,
and that does not comply with all the applicable regulations of this
chapter.
B.
Continuance of a nonconforming use.
(1)
Any nonconforming use lawfully existing upon the effective date
of this chapter, or any amendment to it, may be continued as a legal,
nonconforming use at the size and in a manner of operation existing
upon such date, except as specified in this section.
(2)
A use now regulated as a conditional use that was legally approved as either a permitted by right or as a conditional use prior to the effective date of this chapter shall be considered a legal, conforming land use so long as any previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and Village consideration under the requirements of § 390-1206 or 390-1207.
(3)
Any prior legal use made nonconforming by this chapter, or by an amendment to it, may be granted legal conforming status and allowed to be extended, enlarged, reestablished within 12 months of discontinuance, or substituted by the issuance of a conditional use permit, subject to the standards and procedures prescribed by § 390-1207. Any prior legal use made nonconforming by a modification to the Official Zoning Map after the effective date of this chapter may be granted legal conforming use status only by changing the zoning district of the affected property to an appropriate district through an amendment to the Official Zoning Map. Such requested amendment shall be subject to the standards and procedures prescribed by § 390-1205.
C.
Modification of a nonconforming use.
(1)
Except as permitted in Subsection B(3) above, a nonconforming use shall not be expanded, enlarged, extended, or reestablished unless the use is changed to a use allowed in the district in which the use is located.
(2)
Substitution of new equipment specific and unique to the legal,
nonconforming use may be allowed through approval of the Village Board.
(3)
A nonconforming nonresidential use not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if the infrastructure for either or both utilities is not available within 1,000 feet of the subject property and a conditional use permit per § 390-1207 is granted for such expansion.
(4)
Discontinuance of a nonconforming use. When any nonconforming
use of any structure or land is discontinued for a period of 12 consecutive
months, or is changed into a conforming use, any future use of said
structure or land shall be in complete conformity with the provisions
of this chapter.
D.
Alterations to conforming buildings containing legal, nonconforming residential units. Structural alterations may be made to a building containing lawful nonconforming residential units, provided such alterations do not increase the number of dwelling units or the bulk of the building. Notwithstanding the foregoing, a conforming garage may be added if none previously existed. However, after the effective date of this chapter, such buildings shall not be enlarged, expanded, or extended without bringing the enlargement, expansion, or extension into compliance with the provisions of this chapter unless a variance is granted under § 390-1215 and except as permitted under this section.
A.
Definition. A nonconforming structure is any building or other structure
that lawfully existed under ordinances or regulations preceding this
chapter, but that does not conform to all the density, building coverage,
and bulk requirements of this chapter.
B.
Blanket conforming status. Blanket conforming status for any and all requirements of this chapter is hereby granted to any principal structure lawfully existing upon the effective date of this chapter. However, after the effective date of this chapter, such structures may not be enlarged, expanded, or extended without bringing the enlargement, expansion, or extension into compliance with the provisions of this chapter, or unless a variance is granted by the Zoning Board of Appeals under § 390-1215.
(1)
This subsection is intended to eliminate nonconforming principal
structures subject to the requirements of this chapter. This provision
addresses two different situations:
(a)
Many principal structures in the community were erected prior
to the adoption of this Zoning Ordinance and do not meet some or all
of the density, building coverage, or bulk requirements of this chapter.
(b)
In some instances, this chapter establishes new density, building
coverage, and bulk requirements that existing legal structures under
the previous zoning ordinance do not meet.
(2)
This section therefore ensures that owners of such structures
legally established prior to the adoption of this chapter do not encounter
difficulty because the structures would otherwise be considered nonconforming.
(3)
Blanket conforming status is not applicable to accessory structures.
C.
Restoration. A damaged or destroyed nonconforming structure may be
restored to the size, location, and use (including density, building
coverage, and bulk measurements) that it had immediately before the
damage or destruction occurred without any limits on the costs of
the repair, reconstruction, or improvement if all of the following
apply:
D.
Unsafe structures. Nothing in this chapter shall preclude the Building
Inspector or any other Village official from initiating remedial or
enforcement actions when a lawful nonconforming structure is declared
unsafe or presents a danger the public health, safety, or welfare.
E.
Future modification. When any lawful nonconforming structure in any
district is modified so as to be in conformance with the provisions
of this chapter, any future modification of said structure shall be
in conformance with the provisions of this chapter.
F.
Ordinary maintenance. Ordinary maintenance repairs, including repairs
reasonably necessary to prevent the deterioration of a structure,
and remodeling of a legal, nonconforming structure are permitted,
as well as necessary nonstructural repairs and alterations that do
not extend, enlarge, or intensify the nonconforming structure. Ordinary
maintenance repairs and remodeling include internal and external painting,
decorating, paneling, the addition of acoustical ceilings, the installation
of heating, electricity, plumbing (including fixtures) or insulation,
and the replacement of doors, windows, and other nonstructural components.
G.
Timing of building permit. Any structure for which a building permit
has been lawfully granted prior to the effective date of this chapter,
or an amendment to it, that will become nonconforming under the provisions
of this chapter or that amendment thereto, may be completed in accordance
with the approved plans, provided construction is started within 365
calendar days after issuance of the permit and construction is completed
within 730 calendar days (two years) after the start of construction.
If all such conditions are met, the structure shall thereafter be
a legal nonconforming structure.
A.
Definition. A nonconforming or substandard lot is a lot that lawfully
existed prior to the enactment of this chapter, but that does not
meet the dimensional (e.g., minimum lot size or width) requirements
of the zoning district in which it is located.
B.
Blanket conforming status. Blanket conforming status for any and
all requirements of this chapter is hereby automatically granted to
all nonconforming or substandard lots in their configuration existing
or as finally approved as of the effective date of this chapter. However,
after the effective date of this chapter, no lot shall be created
that does not meet the dimensional requirements of each zoning district,
per Article 2. This section ensures that lots approved and created
prior to the adoption of this chapter do not encounter difficulty
because the lots would otherwise be considered nonconforming or substandard.
C.
A lot of record existing upon the effective date of this chapter
in a residential zoning district that does not meet the minimum lot
dimensional requirements for the zoning district may be utilized for
a detached single-family dwelling unit, provided such lot is a minimum
of 60 feet wide and 7,200 square feet in area, and provided such lot
is of record in the County Register of Deeds office prior to September
23, 1986. Said lot shall not be more intensively developed (with residential
or nonresidential uses) unless combined with one or more abutting
lots (or portions thereof) so as to create a lot which meets the requirements
of this chapter.
D.
Any development occurring on substandard lots shall be required to meet the setback and other bulk requirements of this chapter, unless a variance is granted per § 390-1215.
E.
If two or more substandard lots are adjacent to one another, have
continuous street frontage, and have had the same owner since December
2, 1991, such lots shall be considered to be one lot for the purposes
of this chapter.
F.
A lot of record existing upon the effective date of this chapter
in the AH Zoning District that is less than 35 acres in area and that
has no existing dwelling units (neither farm residence nor single-family
residence) may be utilized, or one detached single-family dwelling
unit may be constructed, provided the measurements of such lot area
and dimensions are equal to or greater than 80% of the minimum requirements
of the AH Zoning District and adequate access to a public right-of-way
is provided.
A.
Definition. Nonconforming site and building design includes any development
in which a principal use has been established prior to the effective
date of this chapter and in which one or more site or building design
standards such as landscaped surface ratios, minimum landscape area
(such as width of foundation planting, paved area islands, and street
frontage landscaped areas), buffer yards, minimum parking, and lighting
have not been met or cannot be met.
B.
Blanket conforming status. Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to the site and building design components of all developments in their configuration existing or as finally approved as of the effective date of this chapter. However, after the effective date of this chapter, such developments shall not be permitted to modify, enlarge, expand, or extend without bringing the development into compliance with the site and/or building design provisions of this chapter, or to the extent practical without removal of lawful structures in accordance with the following Subsections C through E below.
(1)
This section is intended to prevent the creation of certain
nonconforming sites related to building and site design subject to
the requirements of this chapter. These building and site design components
may include one or more of the following:
(a)
Build-to design requirements (e.g., minimum number of floors,
maximum setbacks). See Article 2.
(d)
Parking, loading, access drive and other paved area design requirements.
See §§ 390-805 and 390-0806.
(e)
Landscaping design requirements. See Article 9.
(f)
Buffer yard design requirements. See Article 9.
(2)
This section ensures that sites approved prior to the adoption
of this chapter do not encounter difficulty because they would otherwise
be considered nonconforming.
C.
On lots where the site configuration and undeveloped area can sufficiently
enable compliance with nonconformities in site design, no enlargement,
expansion, or extension of a use or structure shall be permitted if
it makes compliance with site regulations of this chapter impossible,
even if said enlargement, expansion, or extension of the use or structure
would otherwise be permissible.
D.
Enlargements, expansions, or extensions that would result in creation of one or more nonconformities, render a nonconforming site incapable of being brought into full or greater compliance with nonconforming site requirements, or increase the degree of existing nonconformities with the site development standards of this chapter shall not be permitted, unless a variance is granted by the Zoning Board of Appeals under § 390-1215.
E.
On lots with adequate configuration and area to bring the site into
full or greater compliance with site design standards, said compliance
shall be required at the time of any property improvement, modification,
enlargement, or expansion requiring site plan review by the Plan Commission.
The degree to which the property shall be made to comply with site
design standards shall be proportional to the degree of property improvement
per the following:
(1)
Total additions or expansions to structures on nonconforming
sites shall require correction of existing nonconformities associated
with on-site improvements in accordance with the following:
(a)
Renovations that result in expansions to the total gross square
footage of the existing structure(s), paved areas, and/or outdoor
storage areas of less than 50% of the existing structure, paved area,
and/or outdoor storage area shall require a corresponding percentage
increase in compliance with the site improvements required by this
chapter until the site achieves 100% compliance. (Example: A property
with a permitted, expandable use currently has only 50% of the required
landscaping. An addition to the structure equaling 20% of the combined
area of the existing structures on the site is proposed. Therefore,
as a condition of approval, an additional 20% of landscaping required
for the whole site must be added. In this instance, 70% of the landscaping
requirement would be met upon completion of the improvements.)
(b)
Complete replacement of existing structures or expansions of
the existing structures that result in a total of 50% or greater increase
of total gross square footage to meet all of the site improvement
requirements of this chapter. The same requirements also apply to
increased or new paved areas and outdoor areas used for outdoor operations/storage.
(2)
On lots where the configuration and undeveloped area of the
nonconforming site provides insufficient space to bring the site into
full compliance with all site requirements but nevertheless provides
space to reduce the degree of one or more nonconformities, the Plan
Commission shall make a determination as to the manner and degree
to which each site nonconformity shall be brought into conformance.
