LIBERTYVILLE ZONING CODE 14-1 GENERAL PROVISIONS 14-1.1 Purposes. This Article 14 regulates and limits the continued existence of uses, structures, lots, signs, and fences established prior to the effective date of this Code that do not conform to the regulations of this Code applicable in the Zoning Districts in which such uses, structures, lots, signs, and fences are located. The Zoning Districts established by this Code are designed to guide the future use of land within the Village by encouraging the development or maintenance of desirable residential, commercial, office, institutional open space and recreational, and industrial areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such nonconformities is generally desirable. 14-1.2 General Scope and Scheme of Regulation. This Article 14 establishes separate restrictions for the following categories of nonconformities: a. Nonconforming uses. b. Nonconforming structures. c. Nonconforming lots of record. d. Nonconforming signs. e. Nonconforming fences. The degree of restriction made applicable to each category of nonconformity is generally related to the degree of incompatibility with permitted or specially permitted principal or accessory uses and the amount of investment typically associated with nonconformities of that type. Pursuant to Section 16-8 of this Code, provision is made for relief from some of the restrictions of this Article 14 when a practical difficulty or a particular hardship exists. While the regulations of this Article 14 related to nonconformities allow such nonconformities to continue without specific limitation of time, the regulations restrict further investments that would make the nonconformity more permanent, and the eventual elimination of the nonconformity is intended. 285
LIBERTYVILLE ZONING CODE 14-1.3 Nonconforming Accessory Uses and Structures. No use, structure, sign, or fence that is accessory to a principal nonconforming use or structure shall continue after such principle use or structure shall have been terminated, unless it shall thereafter conform to all the regulations of the Zoning District in which it is located. 14-1.4 Burden of Owner to Establish Legality of Nonconformity. The burden of establishing that any nonconformity is lawfully existing under the provisions of this Article 14 shall, in all cases, be upon the owner of the nonconforming property and not upon the Village. 14-2 NONCONFORMING USES 14-2.1 Authority to Continue. Except as provided in Section 14-2.9, any nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this Section 14-2 and in Sections 14-1.3 and 14-1.4 of this Code. 14-2.2 Ordinary Repair and Maintenance. Normal maintenance and incidental repair, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure devoted in whole or in part to, or that is accessory to, a nonconforming use; provided, however, that this Section 14-2.2, shall not be deemed to authorize any violation of this Section 14-2. 14-2.3 Structural Alteration. No structure devoted in whole or in part to, or that is accessory to, a nonconforming use shall be structurally altered unless the use thereof shall thereafter conform to the use regulations of the Zoning District in which it is located. 14-2.4 Enlargement of Structure. No structure devoted in whole or in part to, or that is accessory to, a nonconforming use shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such structure shall thereafter conform to the use regulations of the Zoning District in which it is located. 14-2.5 Extension of Use. No nonconforming use shall be extended, expanded, enlarged or increased in intensity. The extensions, expansions, enlargements, and increases in intensity prohibited by this Section 14-2.5 shall include, without being limited to: a. Any extension of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on the effective date of this Code. 286
LIBERTYVILLE ZONING CODE b. Any extension of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this Code. c. Any extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this Code. 14-2.6 Moving. No structure devoted in whole or in part to, or that is accessory to, a nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the Zoning District in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the Zoning District in which it is located after being so moved. 14-2.7 Change in Use. No nonconforming use shall be changed to any use other than a use permitted or specially permitted in the Zoning District in which the use is located. When such a nonconforming use has been changed to a permitted or specially permitted use, it shall not thereafter be changed back to any nonconforming use. For purposes of this Section 14-2.7, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a permitted or specially permitted use shall have commenced and continued for a period of five (5) days. Any change of use in violation of this Section shall be deemed to be an abandonment of the nonconforming use. 14-2.8 Damage or Destruction. No structure devoted in whole or in part to, or that is accessory to, a nonconforming use and that is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the construction cost of rebuilding new, shall be restored unless the use of such structure shall thereafter conform to the use regulations of the Zoning District in which it is located and unless such restoration is accomplished without creating any new structural or parking or loading nonconformity or increasing the degree of any nonconformity existing prior to such damage or destruction. In determining whether a parking or loading nonconformity has been created or increased, the provisions of Article 10 of this Code shall control. a. When any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of fifty percent (50%) or less of the construction cost of rebuilding new, repair or restoration of such structure may be made; provided, however, that no repairs or restorations shall be made that would create any new nonconformity or increase the degree of any nonconformity existing prior to such damage or destruction, nor shall any repairs or restoration 287
LIBERTYVILLE ZONING CODE except in conformity with the applicable Zoning District regulations be made unless a Zoning Certificate of Compliance is obtained and restoration is actually begun within one (1) year after the date of such partial damage or destruction and is diligently pursued to completion. b. In no event shall any damage or destruction to such a structure by means within the control of the owner thereof be repaired or restored except in accordance with Sections 14-2.2, 14-2.3 and 14-2.4 of this Code. 14-2.9 Termination by Discontinuance or Abandonment. When a nonconforming use of any structure or land is discontinued or abandoned for a period of twelve (12) consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such structure or land shall comply with the use regulations of the Zoning District in which such structure or land is located. Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this Section 14-2.9. 14-3 NONCONFORMING STRUCTURES 14-3.1 Authority to Continue. Any nonconforming structure may be continued so long as it remains otherwise lawful, subject to the regulations contained in this Section 14-3 and Sections 14-1.3 and 14-1.4 of this Code. 14-3.2 Repair, Maintenance, Alterations, and Enlargement. Except as limited by Sections 14-3.3 and 14.3-4, any nonconforming structure may be repaired, maintained, altered, or enlarged; provided, however, that no such repair, maintenance, alteration, or enlargement shall either create any new nonconformity or increase the degree of the existing nonconformity of all or any part of such structure. For the purposes of this Section 14-3.2, the vertical or horizontal extension of a structure shall be considered to increase the degree of an existing nonconformity related to a required yard or setback. In determining whether a parking or loading nonconformity has been created or increased, the provisions of Article 10 of this Code shall control. 14-3.3 Moving. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to all regulations of the Zoning District in which it is located after being so moved. 288
LIBERTYVILLE ZONING CODE 14-3.4 Damage or Destruction. Any nonconforming structure that is damaged or destroyed by any means not within the control of the owner thereof, to any extent, may be repaired or restored; provided, however, that no such repair or restoration shall be made that would create a new nonconformity or increase the degree of any nonconformity existing prior to such damage or destruction and, provided further, however, that no such repair or restoration except in conformity with the applicable Zoning District regulations shall be made unless a Zoning Certificate of Compliance is obtained and restoration is actually begun within one (1) year after the date of such damage or destruction and is diligently pursued to completion. For the purposes of this Section 14-3.4, the vertical or horizontal extension of a structure shall be considered to increase the degree of an existing nonconformity related to a required yard or setback. In determining whether a parking or loading nonconformity has been created or increased, the provisions of Article 10 of this Code shall control. In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with Section 14-3.2. 14-4 NONCONFORMING LOTS OF RECORD 14-4.1 Authority to Utilize for Dwellings. Notwithstanding the regulations imposed by any other provisions of this Code, any legal nonconforming lot of record that is located in a residential district and that has a total lot area equal to at least seventy percent (70%) of the total lot area required in the district in which such lot is located and a lot width equal to at least seventy-five percent (75%) of the lot width required in the district in which such lot is located may be developed and used for a dwelling of the type permitted in the district in which such lot is located and for structures accessory to it. Construction of such dwelling and accessory structures shall comply with all the regulations applicable to dwellings and accessory structures in the Zoning District in which the lot in question is located, except that: a. The lot area and lot width regulations shall not apply; and b. The aggregate side yard requirements for interior lots shall be reduced in proportion to the actual lot width divided by the required lot width, but in no event by more than twenty-five percent (25%) of the minimum required interior side yard. 14-4.2 Other Uses of Legal Nonconforming Lots. In any Zoning District, a legal nonconforming lot of record may be used for any non-dwelling use permitted or specially permitted in the district in which it is located, but only if the development of such lot meets all requirements of the Zoning District in 289
LIBERTYVILLE ZONING CODE which it is located, including floor area ratio and yard requirements, except lot area and lot width requirements. 14-5 NONCONFORMING SIGNS 14-5.1 Authority to Continue. Any nonconforming sign may be continued in use so long as it otherwise remains lawful, subject to the regulations contained in this Section 14-5 and in Sections 14-1.3 and 14-1.4 of this Code. 14-5.2 Ordinary Repair and Maintenance. Normal maintenance and incidental repair may be performed on any nonconforming sign; provided, however, that any repair shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired and provided further, however, that this Section 14-5.2 shall not be deemed to authorize any violation of this Section 14-5. 14-5.3 Alteration; Enlargement; Moving. No nonconforming sign shall be changed or altered in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. A change in sign message that does not otherwise violate the provisions of this Code shall not be deemed to be prohibited by this Section 14-5.3. 14-5.4 Change of Sign. A nonconforming sign that has been changed to eliminate its nonconformity or any element of its nonconformity shall not thereafter be changed to restore such nonconformity or nonconforming element. 14-5.5 Damage or Destruction. Any nonconforming sign, or any nonconforming element of a sign capable of change or discontinuance separate from other elements of the sign, damaged, destroyed or deteriorated by any means to the extent of 50 percent or more of its replacement cost new shall not be restored but shall be removed or brought into conformity with the provisions of this Article 11. 14-5.6 Termination of Certain Signs. The following nonconforming signs shall be removed in accordance with the time periods herein established: a. Abandoned Signs. All signs the use of which is discontinued for a period of 30 days or longer, regardless of any intent to reinstate the use or not to abandon the use, shall be removed immediately and shall not be re-used or continued. b. Portable or Window Sign. All nonconforming portable or window signs shall be removed within six months after the effective date of this Section 14-5. 290
LIBERTYVILLE ZONING CODE c. All Other Signs. All other nonconforming signs shall be removed within the following time periods: [TO BE ADDRESSED UNDER SIGN CODE AMENDMENT] 1) Any sign that was nonconforming prior to January 1, 1991, shall be removed by not later than April 1, 2003. 2) Any sign that first became nonconforming on or after January 1, 1991, regardless of when it was constructed, shall be removed by not later than April 1, 2008. d. Annexed Signs. A nonconforming sign in an area annexed to the Village after the effective date of this Section 14-5 shall be removed in accordance with the time periods established herein. 14-6 NONCONFORMING FENCES 14-6.1 Authority to Continue. Except as provided in Section 14-6.6, any nonconforming fence may be continued so long as it otherwise remains lawful, subject to the regulations contained in this Section 14-6 and in Sections 14-1.3 and 14.1-4 of this Code. 14-6.2 Ordinary Repair and Maintenance. Normal maintenance and incidental repair may be performed on any nonconforming fence; provided, however, that any repair shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired and provided further, however, that this Section 14-6.2 shall not be deemed to authorize any violation of this Section 14-6. 14-6.3 Alteration; Enlargement; Moving. No nonconforming fence shall be changed or altered in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. 14-6.4 Change of Fence. A nonconforming fence that has been changed to eliminate its nonconformity or any element of its nonconformity shall not thereafter be changed to restore such nonconformity or nonconforming element. 14-6.5 Damage or Destruction. Any nonconforming fence, or any nonconforming element of a fence capable of change or discontinuance separate from other elements of the fence, damaged, destroyed or deteriorated by any means to the extent of thirty-five percent (35%) or more of its replacement cost new shall not be restored but shall be removed or brought into conformity with the provisions of this Code. 291
LIBERTYVILLE ZONING CODE 14-6.6 Termination of Certain Fences. The following nonconforming fences shall be removed immediately or altered immediately to eliminate every nonconformity: a. Barbed Wire and Electrical Fences. All nonconforming barbed wire fences and fences with electrical elements. b. Dilapidated Fences. Each nonconforming fence that is dilapidated or deteriorated to the extent that replacement of fifty percent (50%) or more of the load bearing elements of the fence is required. c. Public Health, Safety, and Welfare. Every nonconforming fence that poses a threat to the health, safety, or welfare of any person or of the public. 292