The lawful nonconforming use of a lawful nonconforming building or other structure may be continued, subject to the following provisions:
A. Ordinary repair and maintenance permitted. Ordinary repair and maintenance may be made in or to any building or structure, provided that:
1. no structural alterations shall be made except those required by law or those that make the building or structure and the use thereof conform, or more closely conform, to the regulations of the district in which it is located;
2. the cubic content (i. e., bulk) of the building or structure shall not be increased; and
3. any lawful nonconforming building containing a nonconforming residential use in a residential district may be repaired or altered to improve livability or other health conditions, provided no such change increases the number of dwelling units.
B. Ordinary repair and maintenance defined. For purposes of this section, ordinary repair and maintenance shall also include:
1. structural changes necessary to replace windows, doors or deteriorating roof elements;
2. structural changes necessary to add, move or enlarge doors and windows in legally nonconforming building walls that face the front or rear yard of the property in which it is located, provided that the front or rear yard in which the wall is located does not face a front or side yard of an adjoining parcel; and
3. structural changes made to a roof to allow the installation or replacement of skylights, provided that the changes do not exceed the building height limitations of the district in which the building is located.
C. Repair and restoration of certain nonconforming buildings and structures prohibited. Any nonconforming building or structure that becomes physically unsafe or unlawful under the terms of the Winnetka Village Code, as amended, and is not repaired or corrected within a reasonable time, as established by the Village Council, shall not thereafter be restored, repaired, altered or rebuilt except in conformity with the regulations of the district in which it is located.
D. Relocating nonconforming buildings and structures. No nonconforming building, structure or portion thereof shall be moved in whole or part to any other location on the same lot unless every portion that is moved and the use thereof thereafter conforms or more closely conforms to all the regulations of the district in which it is located.
E. Limitation on repair and restoration after damage or destruction. No lawful nonconforming building or structure that is destroyed or damaged by any cause, including voluntary demolition, shall be repaired or restored to its condition immediately prior to the occurrence of the destruction or damage if the cost of such repair or restoration would exceed 50 percent of the cost of construction of such building or structure new (all as determined by the Zoning Administrator)unless such building or structure, and the use thereof, shall be made to conform to all of the regulations of the district in which it is located. If the cost of restoring such building or structure to its condition immediately prior to the occurrence of the destruction or damage would be equal to or less than 50 percent of the cost of construction of such building or structure new, it may be restored to its original nonconforming condition and use, as it existed immediately prior to the occurrence of the destruction or damage, provided that either such restoration or positive procedures to begin such restoration shall be started within 6 months from the date of such partial destruction.
F. Abandonment or discontinuance of a nonconforming use of nonconforming buildings or structures. Any lawful nonconforming building, structure or portion thereof that is now or hereafter abandoned shall not thereafter be occupied or used except in conformity with the regulations of the district in which it is located. The discontinuance, cessation or interruption of a nonconforming use of such a building or structure, or any part thereof, or the vacancy of any space in a nonconforming building or structure that had contained a nonconforming use, either of which continues for a period of 6 consecutive months or for any 18 months during any 3-year period, shall be prima facie evidence that the nonconforming use has been abandoned.
G. Expanding nonconformity prohibited. The nonconforming use of all or part of such a building or structure shall not be enlarged or extended except as provided in subsection A, above.
H. Change of use. A nonconforming use shall not be changed to another use except a use permitted in the district in which it is located. In such case, the building, structure or portion thereof being changed to a conforming use shall comply with all village ordinances. Such premises shall not thereafter be used or occupied by a nonconforming use.
(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)