It is the purpose of this Chapter to provide for the regulation of nonconforming buildings, structures, lots and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures, lots and uses, which adversely affect the maintenance, development or use, and taxable value of other property in the district in which they are located, shall be permitted to continue.

This Title establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction. (Ord. 78-40, 5-16-1978)

The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, may be continued subject to the following provisions:

   A.   Discontinuance Of A Nonconforming Use: If a nonconforming use of any land is discontinued for a period of thirty (30) days, it shall not thereafter be renewed, and any subsequent use of such land shall conform to the regulations of the district in which such land is located.

   B.   Expansion of Nonconforming Use: A nonconforming use of land shall not be expanded, extended or enlarged in any way.

   C.   Change to a Conforming Use: Whenever a nonconforming use of land is changed to or replaced by a conforming use of land, such premises shall not thereafter revert to the nonconforming use.

   D.   Elimination of Nonconforming Use: The nonconforming use of land shall be discontinued and cease three (3) years from the effective date of this Title in each of the following cases:

      1.   Where no structures are employed in connection with such use.

      2.   When the only structures or other physical improvements are accessory or incidental to such use.

A legal nonconforming lot in a subdivision of record existing at the time of the adoption of this Title may be utilized for uses permitted in the zoning district in which such lot is located, subject to the following provisions:

   A.   Site and Structure Provisions: The use of any nonconforming lot for a conforming use permitted in the zoning district in which the lot is located is subject to the site and structure bulk regulations and other requirements of that zoning district except those specific requirements that directly resulted in the lot's nonconforming status.

   B.   Contiguous Nonconforming Lots: Where two (2) or more contiguous lots, or a combination of contiguous lots and portions of lots, are under single ownership or unified control at the time of the passage of this Title, and if all or part of such lots do not meet the required area, bulk or density regulations for lots within the zoning district in which the lots are located, they shall be considered to be an undivided parcel for the purposes of this Title. Such contiguous groups of nonconforming lots maybe resubdivided into new lots conforming to the standards of the district in which they are located.

   C.   Nonconforming Lots and Annexation Agreements:

      1.   Certain subdivisions have been developed within the Village pursuant to annexation agreements which departed from the strict letter of the standards of the zoning ordinance in effect in the Village at the time of such annexation agreement, and which may not meet all of the requirements of this Title.

To render such areas nonconforming could render a large number of existing residential uses nonconforming. Consequently, the letter "C" has been added as a suffix to the applicable zoning districts. The letter designates that the areas are subject to the applicable annexation agreement in effect at the time such subdivisions were developed. In these cases, property owners may expand such uses or structures, provided they adhere to the yard requirements contained in the original annexation agreement. In all cases, for property so zoned with a letter "C" suffix, the controlling criteria defining the limits of the expansion shall be the original annexation agreement regardless of whether it is still in effect or has expired. The Building Commissioner shall keep official copies of all applicable annexation agreements which shall be used to define the controlling requirements in terms of lot area and yard requirements.

      2.   Certain existing annexation agreements allow the development of the real estate therein described according to standards less restrictive than the standards imposed by this Title. Those areas have been designated with the letter "C" on the Zoning Map to indicate that the development of land within such areas will be governed by the requirements of such annexation agreements (copies of which are available for public inspection during normal business hours in the office of the Village Clerk) only to the extent that such agreements specifically and clearly permit such areas to be developed according to standards that are less restrictive than are imposed by this Title.

The lawfully existing nonconforming use of part or all of a conforming building or structure (see Chapter 2, Definitions) may be continued subject to the following provisions:

   A.   Repair and Alterations: Repairs, alterations and structural changes may be made to a conforming building occupied by a nonconforming use provided said repairs, alterations or structural changes conform to the bulk regulations of the district in which said building or structure is located.

   B.   Restoration of Damaged Building or Structure: A conforming building or structure which is destroyed or damaged by fire or other casualty or act of God, to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty per cent (50%) of the cost of restoration of the entire building, shall not be restored, unless said building or structure and the use thereof shall conform to all of the regulations of the district in which it is located.

In the event such damage or destruction is less than fifty per cent (50%) of the cost of restoration of the entire building, no repairs or reconstruction shall be made unless such restoration is started within one (1) year from the date of the partial destruction and is diligently pursued to completion.

   C.   Discontinuance of Nonconforming Use: If a nonconforming use of a conforming building or structure is discontinued for a period of six (6) consecutive months, it shall not thereafter be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.

   D.   Expansion of Nonconforming Use: The nonconforming use of a part of a conforming building or structure shall not be expanded or extended into any other portion of such building or structure.

   E.   Change of a Nonconforming Use: No nonconforming use shall be changed to another nonconforming use if located in a conforming building or structure.

   F.   Change to a Conforming Use: Whenever all or any part of a conforming building or structure is occupied by a nonconforming use and is subsequently changed to or replaced by a use conforming to the provisions of this Title, such premises shall not thereafter be reused or reoccupied by the nonconforming use.

   G.   Elimination of Nonconforming Uses of Conforming Structures:

      1.   In all residential zoning districts, any use of a conforming structure for a use permitted only in a commercial or industrial zoning district, shall be terminated within five (5) years of the effective date of this Title.

      2.   In all single-family residential zoning districts, any use of a conforming structure for a use permitted only in an SR-5 or SR-6 zoning district, shall be terminated within ten (10) years of the effective date of this Title.

      3.   In all commercial zoning districts except B-1 Village Center District, any use of a conforming structure for a use permitted only in a residential or an industrial zoning district shall be terminated within ten (10) years of the effective date of this Title.

      4.   In all industrial districts, any use of a conforming structure for a use permitted only in a residential or commercial district, shall be terminated within fifteen (15) years of the effective date of this Title.

Any nonconforming building, structure or use thereof which existed lawfully at the adoption of this Title and which remains nonconforming, and any such building, structure or use thereof which shall become nonconforming upon the adoption of this Title or of any subsequent amendment thereto, may be continued only in accordance with the regulations which follow:

   A.   Repairs and Alterations: Ordinary repairs and alterations may be made to a nonconforming building or structure (see Chapter 2, Definitions). No structural alterations shall be made in or to such building or structure except those required by law, or except to make the building or structure, and use thereof, conform to the regulations of the district in which it is located.

   In a residential district a non-conforming building containing nonconforming residential uses may be repaired or altered to improve livability and health conditions, provided no changes are made that would increase the number of dwelling units or the bulk of the building.

   B.   Additions and Enlargements: A nonconforming building or structure shall not be added to or enlarged in any manner unless such nonconforming building or structure, and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.

   C.   Relocation of Building or Structure: Any building or structure that does not conform to all of the regulations of the district in which it is located shall not be moved in whole or in part to any other location unless every portion of such building or structure which is moved and the use thereof is made to conform to all regulations of the district into which it is moved.

   D.   Restoration of Damaged Building or Structure: A nonconforming building or structure, or portion thereof, which is destroyed or damaged by fire or other casualty or act of God, to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed fifty per cent (50%) of the cost of restoration of the entire building or structure, shall not be restored, except as required by law, unless said building or structure, and the use thereof, shall conform to all regulations of the district in which it is located.

In the event that such damage or destruction is less than fifty per cent (50%) of the cost of restoration of the entire building or structure, no repairs or reconstruction shall be made unless such restoration is started within one (1) year from the date of the partial destruction and is diligently pursued to completion.

   E.   Discontinuance of Use of Nonconforming Building or Structure: A nonconforming building, structure or portion thereof which is vacant, unoccupied and not used on the effective date of this Title, or thereafter becomes vacant, and remains unoccupied or is not used for a continuous period of one (1) year, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located.

   F.   Expansion of Use in Nonconforming Building or Structure:

      1.   The nonconforming use of part of a nonconforming building or structure may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structure shall be made (except those required by law) unless such changes or structural alterations and the use thereof conform to all the regulations of the district in which the building or structure is located.

      2.   Accessory Uses: No accessory use shall be added to a lot which is nonconforming or to a lot containing a nonconforming building or structure.

   G.   Change of a Nonconforming Use in Nonconforming Building or Structure: The nonconforming use of a nonconforming building or structure may be changed to any other use allowed within the zoning district; but no change shall extend or otherwise modify any provision made in this Title for elimination of such nonconforming building or structure.

   H.   Change to a Conforming Use: Whenever all or any part of a building or structure occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this Title, such premise shall not thereafter be reused or reoccupied by the nonconforming use.

It is the intent of this ordinance to cause nonconforming structures to be eliminated according to an amortization schedule which gives their owners a reasonable opportunity to recapture their investment over the life of the amortization period. Any nonconforming structure (see Chapter 2, Definitions) shall be removed and its use thereafter cease, or shall be converted to a structure designed or intended for a use permitted in the zoning district in which it is located, in accordance with the following conditions and amortization schedules, after the owner has been given an opportunity to object to the amortization schedule applicable to his structure at a public hearing held pursuant to the procedures hereinafter set forth:

   A.   In all residential zoning districts, any structure, all or substantially all of which is designed or intended for a use permitted only in a commercial or industrial zoning district, shall be removed or shall be altered and converted to a structure designed for a use permitted in the residential zoning district in which it is located within six (6) months after the termination of the applicable amortization period set forth below.

   B.   In all commercial zoning districts except the B-1 Village Center District, any structure, all or substantially all of which is designed or intended for a use permitted only in residential or industrial zoning districts, shall be removed or shall be altered, remodeled, or converted to a structure designed for a use permitted in the commercial zoning district in which it is located within six (6) months after the termination of the applicable amortization period set forth below.

   C.   In all industrial districts, any structure, all or substantially all of which is designed or intended for a use permitted only in residential or commercial zoning districts shall be removed or shall be altered and converted to a structure designed for a use permitted in the industrial zoning district in which it is located within six (6) months after the termination of the applicable amortization period set forth below.

   D.   The following amortization schedules shall apply.

      1.   Structures having an equalized assessed valuation of $15,000 (after application of any multiplier by the State of Illinois) or more shall be eliminated according to the following schedule, based upon the type of construction of such structure:

         a.   Fire-restrictive or Mill Construction: Forty (40) years from date of building permit, or twenty (20) years from the effective date of the zoning ordinance which first caused such structure to be nonconforming, whichever last occurs.

         b.   Ordinary or Noncombustible Frame Construction: Thirty-five (35) years from the date of building permit, or eighteen (18) years from the effective date of the zoning ordinance which first caused such structure to be nonconforming, whichever last occurs.

         c.   Wood Frame Construction: Thirty (30) years from the date of the building permit, or fifteen (15) years from the effective date of the zoning ordinance which first caused such structure to be nonconforming, whichever last occurs.

      2.   Structures having an assessed valuation of $5,000 or more (after application of any multiplier by the State of Illinois) but less than $15,000, shall be eliminated not later than fifteen (15) years from the date of building permit, or ten (10) years from the effective date of the zoning ordinance which first caused such structure to be nonconforming, whichever last occurs.

      3.   Structures having an equalized assessed valuation of less than $5,000 (after application of any multiplier by the State of Illinois) shall be eliminated not later than five (5) years from the date of building permit, or three (3) years from the effective date of the zoning ordinance which first caused such structure to be nonconforming, whichever last occurs.