(A) Description. A nonconforming structure is any building or structure that was lawfully established but no longer complies with the lot and building standards of the zoning district in which it is located. Signs that do not comply with the sign regulations of Article 155-13 are also subject to the nonconforming structure regulations of this zoning ordinance. Structures that comply with building or setback lines indicated on recorded final subdivision plats rather than the minimum setbacks of the subject zoning district are considered conforming structures. Permits may be issued for new buildings and building additions that comply with building or setback lines indicated on recorded final subdivision plats, subject to compliance with all other applicable regulations of this zoning ordinance.
(B) Use. A nonconforming structure may be used for any use that is permitted by right in the zoning district in which the structure is located. A nonconforming structure may be used for any use classified as a special use if such use is approved in accordance with the special use procedures of § 155-16.40.
(C) Swimming pools. Any swimming pool constructed on or before April 10, 2009, and not located in floodplain, wetland or any recorded easement, that does not comply with setback and separation requirements of § 155-10.10(E) is considered a nonconforming structure.
(D) Alterations and expansions. Alterations, including enlargements and expansions, are permitted if the proposed alteration or expansion complies with all applicable lot and building standards and does not increase the extent of the nonconformity. A building with a nonconforming street 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 standards. On the other hand, a multi-dwelling building that is nonconforming with regard to density (i.e., contains more dwelling units than allowed by the underlying zoning) may not be expanded to add additional dwelling units.
(E) Moving. A nonconforming structure may be moved in whole or in part to another location only if the movement or relocation does not increase the extent of the nonconformity. This provision is not intended to prohibit elevation of a nonconforming structure for the purpose of floodproofing or repair.
(F) Loss of nonconforming status.
(1) Accidental damage or destruction. If a nonconforming structure is accidentally destroyed or damaged to the extent of more than 50% of the replacement cost of the structure, it may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located. When a nonconforming structure is accidentally destroyed or damaged by causes that are not within the control of the owner, the structure may be restored or repaired, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 18 months of the date of occurrence of such damage.
(2) Intentional damage or destruction. When a nonconforming structure is intentionally destroyed or damaged by causes within the control of the owner and the extent of damage or destruction is more than 50% of the replacement cost of the structure, the use may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located. This provision does not apply to agriculturally exempt structures, as identified in § 155-1.50(A).
(3) Damage or destruction after right-of-way acquisition. If a structure is rendered nonconforming or made more nonconforming by a public agency's acquisition of right-of-way and the structure is subsequently damaged or destroyed by any means, the structure may be reestablished, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 18 months of the date of occurrence of such damage.
(4) Water resource ordinance. Compliance with the Water Resource Ordinance is required for all structures, including structures that are identified as agriculturally exempt.
(G) Conversion to special use. A nonconforming structure may be converted to a special use by the granting of a special use permit, in accordance with the special use permit procedures of § 155-16.40. This conversion may occur only when it is shown that the nonconforming structure is providing a particular service to the residents of Will County and that the use is not detrimental to the county as a whole or to surrounding properties.
(H) Conversion of nonconforming advertising signs to dynamic displays. Alterations, modifications or conversions of a nonconforming advertising sign to incorporate a dynamic display are prohibited unless the advertising sign is brought into full compliance with all applicable regulations of this zoning ordinance.
(Ord. effective 10-1-2012; Ord. 16-227, passed 12-15-2016; Ord. 18-1, passed 1-18-2018)