[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.
