In any residence district, notwithstanding the regulations imposed by any other provision of this division, a single-family detached dwelling which complies with the restrictions in section 54-807 may be erected on a lot that is not less than 25 feet in width, consisting entirely of one tract of land that:

(1)

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

(2)

Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size or width at such location would not have been prohibited by any zoning ordinance; 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 the applicable chapter or ordinances.

(Code 1973, ch. 29, § 10-101)

Construction permitted by section 54-806 shall comply with all the regulations (except lot area, width and depth) applicable to single-family dwellings in the zoning district in which the lot in question is located; provided, however, that the following side yard requirements shall apply in place of the side yard requirements otherwise applicable:

(1)

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

(2)

The sum of the widths of the two side yards on each lot shall be not less than the smaller of:

a.

25 percent of the width of the lot; or

b.

The minimum total for both side yards prescribed by the bulk regulations for the zoning district.

(3)

No side yard shall be less than ten percent of the width of the lot and in no case less than three feet.

(Code 1973, ch. 29, § 10-102)

Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which does not comply with the applicable bulk, height, or floor area requirements or is located on a lot which does not comply with the applicable lot or yard requirements, or both, may be continued for the period of its normal useful life, so long as it remains otherwise lawful, subject to the restrictions in section 54-839 through section 54-841, and section 54-889 through section 54-892.

(Code 1973, ch. 29, § 10-201)

Any such structure, described in section 54-838, may be enlarged, maintained, repaired or remodeled; provided, however, that no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure, except that as to structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be determined by section 54-807. Notwithstanding the provision of this section, an addition may be constructed to a principal residential structure that is lawfully nonconforming with respect to the exterior side yard setbacks provided such addition maintains the same or a greater exterior side yard setback than such principal residential structure.

(Code 1973, ch. 29, § 10-202; Ord. No. 76-074, 7-13-1976)

If any structure described in section 54-838 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 shall thereafter conform to the regulations of the zoning district in which it is located. A structure which is located on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements of section 54-807. When a structure is damaged to the extent of 50 percent or less of the cost of replacement of the structure 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; provided, however, that any structure used for residential purposes on a lot the size of which would make the rebuilding thereof nonconforming, may be so rebuilt so long as the new structure is used for a single-family residence and conforms to the applicable lot size and dimensional requirements to the same extent as the structure destroyed.

(Code 1973, ch. 29, § 10-203)

No structure described in section 54-838 shall be moved in whole or in part for any distances whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

(Code 1973, ch. 29, § 10-204)

Any lawfully existing nonconforming use of part or all of a structure, or any lawfully existing nonconforming use of land not involving a structure or involving only a structure which is accessory to such use of land, may be continued, so long as it remains otherwise lawful, subject to the regulations contained in section 54-862 through section 54-870, and section 54-889 through section 54-892.

(Code 1973, ch. 29, § 10-301)

(a)

Normal maintenance and incidental repair or replacement, installation, or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to a nonconforming use; provided, however, that this subsection shall not be deemed to authorize any violation of section 54-863 through section 54-869.

(b)

Nothing in this chapter shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, provided such restoration is not otherwise in violation of section 54-866.

(Code 1973, ch. 29, § 10-302)

No structure that is devoted in whole or in part to a nonconforming use shall be remodeled unless the entire structure and use thereof shall thereafter conform to all regulations of the zoning district in which it is located.

(Code 1973, ch. 29, § 10-303)

A nonconforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activity shall include, without being limited to:

(1)

Extension of such use to any part of a structure or land area other than one occupied by such nonconforming use on the effective date of this division or on the effective date of the ordinance from which this section is derived of a subsequent amendment hereto that causes such use to become nonconforming.

(2)

Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of the ordinance from which this division is derived or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming. However, a nonconforming use may be extended throughout any part of a structure that was lawfully and manifestly designed or arranged for such use on such effective date.

(3)

Operation of such nonconforming use in such manner as to conflict with, or to further conflict with if already conflicting on the effective date of the ordinance from which this chapter is derived (or on the effective date of a subsequent amendment hereto that results in such use becoming nonconforming), any performance standards established for the district for which such use is located.

(Code 1973, ch. 29, § 10-304)

No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

(Code 1973, ch. 29, § 10-305)

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 such structure 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.

(Code 1973, ch. 29, § 10-306)

No structure that is devoted in whole or in part to a nonconforming use, shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

(Code 1973, ch. 29, § 10-307)

A nonconforming use 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 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 permitted use shall have commenced and continued for a period of seven days.

(Code 1973, ch. 29, § 10-308)

(a)

When a nonconforming use of land, not involving a structure, or involving only a structure which is accessory to the nonconforming use of land, is discontinued or abandoned, for a period of two consecutive months (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 shall comply with the regulations of the zoning district in which such land is located.

(b)

When a nonconforming use of a part or all of a structure which was designed and intended for a use which is permitted in the zoning district in which such structure is located is discontinued or abandoned for a period of two consecutive months (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 structure shall comply with the regulations of the zoning district in which such structure is located.

(c)

When a nonconforming use of a part or all of a structure which was not designed and intended for any use which is permitted in the zoning district in which such structure is located is discontinued or abandoned for a period of six consecutive months (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 structure shall comply with the regulations of the zoning district in which such structure is located.

(Code 1973, ch. 29, § 10-309)

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

(Code 1973, ch. 29, § 10-310)

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

(1)

The zoning 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 determinations shall be kept on file by the zoning administrator and be a matter of public record.

(2)

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

a.

The normal useful life of the use or structure as determined;

b.

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

c.

The assessed valuation of the use or structure as determined.

(3)

Nothing in this section shall apply to nonconforming structures to which section 54-840 or section 54-890 do not apply.

(Code 1973, ch. 29, § 10-401)

(a)

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 zoning administrator. Nothing in this section 54-890 shall apply to structures used for residential purposes in residential zoning classifications.

(b)

Condemnation of nonconforming buildings and structures. The village, at any time, and from time to time, by ordinance duly enacted:

(1)

May 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;

(2)

May remove or demolish all such nonconforming buildings and structures so acquired;

(3)

May hold and use any remaining property for public purposes; and

(4)

May sell, lease or exchange such property as is not held for public purposes, subject to the provisions of this comprehensive amendment, or any amendment hereto.

(c)

No such acquisition by condemnation shall be made until such time as the plan commission, at the request of the board of trustees, 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 board of trustees.

(Code 1973, ch. 29, § 10-402)

(a)

The nonconforming use of land shall be discontinued and cease ten years from the date of the adoption of the ordinance from which this section 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 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 building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.

(c)

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

(Code 1973, ch. 29, § 10-403; Ord. No. 80-057, 10-7-1980)

An appeal from the determinations made by the zoning administrator under this section shall be appealable to the zoning board of appeals in the same fashion as any other decision of the zoning administrator.

(Code 1973, ch. 29, § 10-404)