The purpose of this article is to provide for the regulation and short-term maintenance of those nonconforming buildings, structures, uses and lots which substantially and adversely affect the orderly development and taxable value of other conforming property in each district, and to provide for the gradual elimination of nonconforming buildings, structures, and uses to those that conform to the provisions of this chapter by specifying the circumstances and conditions under which nonconforming buildings, structures, uses and lots shall be permitted with restriction in order to accomplish the objectives of this Code without undue burden to any single property owner, in accordance with the authority granted by state law.

(Code 2003, § 82-121)

Any nonconforming lot, building, structure or use which was nonconforming at the time of the adoption of the ordinance from which this chapter is derived and which remains nonconforming, and any lot, building, structure or use which shall become nonconforming upon the adoption of the ordinance from which this chapter is derived or of any subsequent amendments thereto, may be continued, some for specified periods of time, subject to the regulations set forth in this article.

(Code 2003, § 82-122)

A nonconforming use of a building or structure, or a nonconforming building or structure, shall not be added to, enlarged or expanded in any manner that increases the degree of the nonconformity.

(Code 2003, § 82-123)

Normal maintenance and incidental repair or replacement of fencing, nonbearing walls and partitions, fixtures, wiring, plumbing, parking, landscaping and mechanical equipment may be performed on any nonconforming lot, building, structure or use. Nothing in this article shall be deemed to prevent the strengthening or restoration of an unsafe structure in accordance with any order of a public official charged with protecting public safety, and who finds such building or structure is unsafe in its then-present condition, when that repair or restoration is not in violation of the provisions of this chapter governing the restoration of partially damaged or destroyed buildings, structures and signs.

(Code 2003, § 82-124)

No new accessory use added to a lot which is nonconforming or to a lot containing a nonconforming building or structure shall increase the degree of nonconformity of the nonconforming lot or lot containing a nonconforming building or structure.

(Code 2003, § 82-125)

Any nonconforming lot, building, structure or use which existed prior to the effective date of the ordinance from which this chapter is derived which is made lawful and conforming as a result of the provisions of this chapter shall be considered as conforming.

(Code 2003, § 82-126)

(a)

Continuation of substandard lots of record. In any district, notwithstanding the regulations imposed by any other provision of this article, a building which complies with the restrictions in subsection (b) of this section may be erected on a lot that is not less than 50 feet in width and consisting entirely of one tract of land under single ownership that:

(1)

Has less than the prescribed minimum lot area and/or lot width or depth or all three;

(2)

Is shown by a recorded plan or deed to have been owned separately and individually from adjoining tracts of land at the time when the creation of a lot of such size or width at such location would not have been prohibited by this chapter; and

(3)

Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by this chapter.

(b)

Yard requirements for nonconforming lots. Construction permitted by subsection (a) of this section shall comply with all the regulations (except lot area, lot width and lot depth) applicable in the zoning district in which the lot is located; provided, however, that the following yard requirements shall apply in place of the side yard requirements otherwise applicable:

(1)

A building shall be placed on the lot so as to provide a yard on each side of the dwelling building.

(2)

Required side yards of the main building shall not be less than ten percent of the width of the lot, and in no case shall required side yards be less than six feet in width, and in no case shall a residential building be located less than ten feet from a building on an adjoining lot.

(Code 2003, § 82-127)

(a)

Alteration of nonconforming structures. Any nonconforming building or structure may be altered or remodeled; provided, however, that no such alteration or remodeling shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or part of the building or structure, except that, as to buildings or structures located on a lot that which does not comply with the applicable lot size requirements, the side yard requirements shall be determined by section 82-127(b). Nothing in this section shall permit the structural alteration of bearing walls and partitions of a nonconforming building or structure, which is devoted in whole or in part to a nonconforming use, except those structural alterations required by law, or except those necessary to make the building or structure, and use thereof, conform to the regulations of the district in which it is located.

(b)

Restoration. If a nonconforming building or structure is destroyed or damaged by fire or other casualty or act of God, such building may be restored only if the cost of reconstruction to its condition prior to the casualty does not exceed 50 percent of the replacement cost of the entire building, and providing no restoration or reconstruction shall be undertaken unless it is started within one year from the date of notice by the development administrator of this provision or the date of the casualty destruction, whichever is later, and completed within 24 months from the date of the casualty.

(c)

Relocation. No nonconforming building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of the building is made to conform to all of the regulations of the district in which it is to be relocated.

(d)

Damage or destruction. If any nonconforming building or structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50 percent of the cost of replacement of the building or structure new, such building or structure shall not be restored unless it and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is 50 percent or less of the cost of replacement, no repairs or restoration shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

(Code 2003, § 82-128)

(a)

Change of use. A nonconforming use of land or a building shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a nonconforming use of land or a building has been changed to any permitted use, it shall not thereafter be changed back to a nonconforming use. For purposes of this section, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a conforming use shall have commenced and continued for a period of seven days.

(b)

Alteration. Alterations designed to increase the intensity of a nonconforming use, or to introduce new nonconforming uses, are prohibited.

(c)

Damage or destruction. If any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50 percent of the cost of replacement of the structure new, such structure shall not be restored unless it and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is 50 percent or less of the cost of replacement new, no repairs or restoration shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.

(d)

Relocation. No nonconforming use of land or building shall be moved in whole or in part, for any distance whatsoever, to another location on the same lot or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after so moved.

(e)

Discontinuation or abandonment.

(1)

Nonconforming use of land. When a nonconforming use of land, not involving a structure, is discontinued or abandoned for a period of 30 consecutive days, regardless of any reservation of an intent not to abandon or to resume such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such land or structure shall comply with the regulations of the zoning district in which such land is located.

(2)

Nonconforming use of building or structure. The abandonment or discontinuation of any nonconforming use of a structure for a period of 60 days, regardless of any reservation of an intent not to abandon or to discontinue such use, shall terminate any rights conferred by this article to continue such nonconforming use. Any subsequent use or occupancy of such land or structure shall comply with the regulations of the zoning district in which such land is located.

(3)

Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal nonconforming use shall have been ceased or terminated.

(Code 2003, § 82-129)

Whenever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the manner specified in this section, the building and use thereof shall be exempt from the requirements of section 82-128 and division 2 of this article:

(1)

In any residential district where a building is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.

(2)

In any business or manufacturing district, where the use is less distant from a residential district than that required in the regulations for the district in which it is located.

(3)

In any district where an established building or structure, use or lot is nonconforming with respect to the yard, parking, lot area, lot width, or building height required in the district in which it is located.

(Code 2003, § 82-130)

(a)

In accordance with authority granted to municipalities for the elimination of nonconforming uses and structures in Illinois Municipal Code, 65 ILCS 5/11-13-1, it is hereby declared to be the policy of the village to eliminate such uses and structures.

(b)

The development administrator shall inventory the nonconforming uses and structures in the village and shall determine the assessed valuation, normal useful life, and years in existence for each. Such inventory and determination shall be kept on file by the development administrator and be a matter of public record.

(c)

The development administrator shall notify in writing the owner of each parcel of land or each structure which has been determined to be nonconforming, at least one every year. Such notice shall contain:

(1)

The normal useful life of the use or structure as determined by the corporate authorities of the village;

(2)

The date at which it has determined the use was commenced; and

(3)

The assessed valuation of the use or structure as determined by the village assessor.

(d)

Nothing in this division shall apply to nonconforming structures to which section 82-129 or 82-152 does not apply.

(Code 2003, § 82-151)

(a)

Generally. Any structure or building, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall be removed and its use thereafter cease, or shall be converted to a building or structure designed or intended for a use permitted in the district in which it is located, at the end of its useful life as determined by the corporate authorities of the village. Nothing in this article shall apply to structures used for residential purposes in residential zoning classifications.

(b)

Condemnation.

(1)

The village, at any time, and from time to time, by ordinance duly enacted, may:

a.

Acquire by condemnation any nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, and all land which is necessary or appropriate for the rehabilitation or redevelopment of the area blighted by such nonconforming building or structure;

b.

Remove or demolish all such nonconforming buildings and structures so acquired;

c.

Hold and use any remaining property for public purposes; and

d.

Sell, lease or exchange such property as is not held for public purposes, subject to the provisions of this chapter or any amendment to this chapter.

(2)

No such acquisition by condemnation shall be made until such time as the plan commission, at the request of the village board or upon its own initiative, has made a study of the area within which such nonconforming building or structure is located and has filed a written report on such study with the village board.

(Code 2003, § 82-152)

(a)

The nonconforming use of land shall cease ten years from the effective date of the ordinance from which this chapter is derived in each of the following cases:

(1)

Where no buildings or structures are employed in connection with such use;

(2)

Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use or have an assessed valuation of less than $2,000.00; or

(3)

Where such use is maintained in connection with a conforming building or structure; except that inadequate off-street parking facilities used in connection with a building, the use of which complies with the requirements of the district in which it is located, may be continued for so long as the premises are used for a permitted use.

(b)

A nonconforming use of land which is accessory to the nonconforming use of a building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.

(c)

Nothing in this article shall require the elimination of a nonconforming use of land for residential purposes.

(Code 2003, § 82-153)