[Ord. No. 19-2020, 6-8-2020]
(a) 
Scope. The regulations of this division 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 provisions of this zoning chapter.
(b) 
Purpose. Occasionally, lots, uses, structures, signs and other features that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) are made nonconforming because of changes in the zoning regulations that apply to the subject property (e.g., through Zoning Map changes or amendments to the text of the zoning chapter). The regulations of this division are intended to clarify the effect of this nonconforming status and avoid confusion with illegal buildings and uses (i.e., those established in violation of applicable zoning regulations). The regulations of this division 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 § 90-10.30 or any situation that becomes nonconforming upon adoption of any amendment to this zoning chapter may be continued in accordance with the regulations of this division unless otherwise expressly stated.
(d) 
Determination of nonconformity status.
(1) 
The burden of proving a nonconformity was lawfully established and that the situation has not lost its nonconforming status rests entirely with the subject landowner.
(2) 
The Community Development Director is authorized to determine whether adequate proof of nonconforming status has been provided by the subject landowner.
(3) 
Appeals of the Community Development Director's decision on nonconforming status determinations may be appealed in accordance with the appeal procedures of Division 90-570.
(e) 
Repairs and maintenance.
(1) 
Nonconformities must be maintained to be safe and in good repair.
(2) 
Repairs and normal maintenance that do not increase the extent of nonconformity and that are necessary to keep a nonconformity in sound condition are permitted unless otherwise expressly prohibited by this zoning chapter.
(3) 
Nothing in this division is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized Village official.
(f) 
Change of tenancy or ownership. Nonconforming status runs with the land and is not affected solely by changes of tenancy, ownership or management.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Description. A nonconforming lot is a lawfully created lot that does not comply with currently applicable minimum lot area or minimum lot width regulations of this zoning chapter.
(b) 
Use of nonconforming lots.
(1) 
A single dwelling unit and allowed accessory structures may be constructed on a nonconforming lot that has never been developed in any zoning district that permits detached houses by right, subject to compliance with all applicable setback and building regulations (e.g., coverage, height, floor area, etc.).
(2) 
Nonconforming lots in districts that do not permit detached houses by right may be used in accordance with the use regulations that apply in the subject zoning district, and buildings may be erected, subject to compliance with all applicable setback and building regulations (e.g., coverage, height, floor area, etc.).
[Ord. No. 19-2020, 6-8-2020]
(a) 
Description. A nonconforming structure is any building or structure, other than a sign, that was lawfully established but no longer complies with the lot and building regulations of the zoning district in which it is located.
(b) 
General. Nonconforming structures may remain, subject to the regulations of this section.
(c) 
Alterations and expansions. Alterations, including enlargements and expansions, are prohibited unless the proposed alteration or expansion complies with all applicable lot and building regulations, and does not increase the extent of the existing nonconformity. A building with a nonconforming front 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 regulations. On the other hand, building additions on the front may not increase or extend the front setback nonconformity.
(d) 
Use. A nonconforming structure may be used for any use allowed in the zoning district in which the structure is located.
(e) 
Movement.
(1) 
A nonconforming structure may be moved in whole or in part to another location on the same lot only if the movement or relocation eliminates or reduces the extent of nonconformity.
(2) 
A nonconforming structure may be moved to another lot only if the structure complies with the zoning regulations that apply to that (relocation) lot.
(f) 
Replacement. If a nonconforming structure is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity, the nonconforming structure may be reestablished to the extent it existed before the damage or destruction, provided that no new or greater nonconformities are created and a permit application to allow the reestablishment is filed within one year of the date of damage or destruction.
[Ord. No. 19-2020, 6-8-2020]
(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 to be nonconforming uses.
(b) 
Change of use. A nonconforming use may only be changed to another use if the new (changed) use is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use may not be reestablished.
(c) 
Expansion of use. A nonconforming use may not be expanded unless such expansion would eliminate or reduce the extent of nonconformity, except that a nonconforming use of a building may be extended into those interior parts of the building that were manifestly designed for such use before the date that the use became nonconforming.
(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 zoning chapter.
(e) 
Movement.
(1) 
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 create additional or new nonconformities.
(2) 
A nonconforming use may be moved to another lot only if the use would comply with 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 12 months or more.
c. 
The presumption of abandonment may be rebutted upon showing, to the satisfaction of the Community Development Director, that during such period the owner of the land or structure has been:
1. 
Maintaining the land and structure in accordance with all applicable municipal code 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, acts of God, unintended fire or other causes beyond the control of the subject property owner are not counted in calculating the length of 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) 
Reestablishment.
a. 
Intentional destruction. When a building containing a nonconforming use is intentionally destroyed, razed or dismantled by a deliberate act of the owner or the owner's agent, reestablishment of the nonconforming use is prohibited.
b. 
Accidental destruction. Unless a building containing a nonconforming use loses its nonconforming use rights pursuant to § 90-460.30, the building and use may be restored or repaired, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged building must be obtained within two years of the date of occurrence of such damage.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Description. A nonconforming sign is a sign that was lawfully established but that no longer complies with applicable sign regulations because of annexation or the adoption or amendment of regulations after the sign was established.
(b) 
Loss of nonconforming status.
(1) 
General.
a. 
All nonconforming sign lose their nonconforming status if one or more of the following occurs:
1. 
The sign is abandoned.
2. 
The sign is structurally altered in any way that brings the sign further out of compliance with these sign regulations than it was before alteration.
3. 
The sign is relocated; however, relocation of a sign pursuant to the exercise or the threat or exercise of eminent domain by a governmental authority does not result in a nonconforming sign losing its nonconforming status if the sign is relocated to an area on the same lot and as close as practicable to the original site acquired by government action;
4. 
The sign fails to conform to this zoning chapter regarding maintenance and repair, abandonment, or dangerous or defective signs.
b. 
On the date of occurrence of any of the above, the sign must be immediately brought in compliance with this division with a new permit secured or it must be removed.
(2) 
Special regulations.
a. 
Nonaccessory signs, except way-finding signs as permitted in accordance with § 90-440.90, lose their nonconforming status on September 24, 2021. No later than September 24, 2021, the owners of nonaccessory signs or the owners of property on which nonaccessory signs are located must cause the removal of those signs. Upon failure of the sign owner or subject property owner to remove nonaccessory signs by September 24, 2021, the Community Development Director is authorized, following 60 days' written notice to either owner, to cause the sign to be removed, and to bill the expense for such removal to the owner of the sign.
b. 
No later than September 24, 2021, all freestanding signs that are nonconforming as to location must either be moved to conform to the locational requirements of the subject zoning district or be removed by the sign owner or subject property owner. Upon failure of the sign owner or subject property owner to remove such sign, the Community Development Director is authorized, following 60 days' written notice to either owner, to cause the sign to be removed, and to bill the expense for such removal to the owner of the sign.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Description. A nonconforming development feature is any aspect of a development, other than a nonconforming lot, nonconforming structure or nonconforming use, 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 regulations of this zoning chapter. Common examples of nonconforming development features are off-street parking or loading areas that contain fewer spaces than required by current regulations and sites that do not comply with current landscaping or screening requirements.
(b) 
General. Nonconforming development features may remain except as otherwise expressly stated in this zoning chapter, but the nature and extent of nonconforming site features may not be increased except as otherwise expressly stated in this zoning chapter.