A. Nonconforming Legal Uses: Any lawful use of land or structures, or any structure, existing at the date of passage of this title or subsequent amendment thereto, and located in a zone in which it would not be permitted as a new use or structure under the terms of this title is declared to be a legal nonconformance. It is the intent of this title to permit these nonconformances to continue until terminated either by voluntary act or by catastrophic event, and to encourage their conversion to conformance where possible.
B. Nonconforming Recorded Lot Regulations: Construction of new buildings, alterations or repair of existing buildings that are being used for permitted uses but are located on nonconforming recorded lots shall be permitted. If any building is damaged or destroyed, it can be rebuilt for its original permitted use to the extent of its original development.
C. Nonconforming Structure Regulations: If any dwelling is damaged or destroyed, it can be rebuilt for its original permitted use to the extent of its original development and repairs, enlargements or alterations of an existing nonconforming structure shall be permitted; provided, that the enlargement or alteration does not increase the nonconformance.
D. Nonconforming Use Regulations: A nonconforming use shall be subject to the following regulations:
1. If any building or structure is destroyed by any means to an extent of more than fifty percent (50%) of the replacement cost of that portion of the principal and accessory building which are above the average ground elevation, such building or structure shall not be rebuilt or reoccupied for any use except in accordance with the zone regulations of the zone in which it is located.
2. Damage to an extent less than that of subsection D1 of this section shall be repaired in a manner as nearly conforming as possible.
3. Normal maintenance and repairs shall be permitted.
4. A nonconforming use shall not be enlarged. However, nothing herein shall be construed as prohibiting additions to any dwelling regardless of the zone in which such dwellings are located, nor shall anything herein be construed as prohibiting the construction of a garage as an accessory use to any dwelling unit regardless of the zone in which the dwelling is located. Nonconforming uses shall not be changed to any more intensive use other than one permitted in the zone in which it is located.
5. Discontinuation of a nonconforming use for any reason for a period of more than one hundred eighty (180) days shall be considered abandonment of that use. Such use shall not be reestablished and any subsequent use of the land or structure shall conform to the regulations of the zone in which it is located. (Ord. 190, 3-19-1973)
E. Nonconforming Subdivisions: Any subdivision which was recorded prior to its annexation to the village of Riverwoods or heretofore approved by the president and board of trustees of the village which would be nonconforming by reason of lack of lot area as otherwise required by this ordinance shall not be considered as a nonconforming use for the purpose of permitting construction of new buildings, additions or alterations to existing buildings or uses otherwise permitted in the zoning district in which the property is located. Nothing in this section shall be construed to prohibit the erection of a building, its alteration or addition merely because said construction is contemplated on a lot of record which fails to meet the lot area requirements, provided, however, that all other use and bulk regulations of the zoning ordinance in effect at the time permits are requested for such construction, addition or alteration shall be met. (Ord. 90-7-7, 7-17-1990)