The intent of this article is to provide for the regulation of nonconforming buildings, structures and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be gradually eliminated upon reaching the end of their respective normal useful life, in accordance with the authority granted by 65 ILCS 5/11-13-1.

(Ord. No. O-11-03-4, § 6.01, 11-24-2003)

Any nonconforming building, structure or use which existed lawfully at the time of the adoption of the ordinance from which this chapter is derived and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of the ordinance from which this chapter is derived or any subsequent amendment thereto, may be continued, some indefinitely, others for specified and respective periods of time, subject to the regulations of this article.

(Ord. No. O-11-03-4, § 6.02, 11-24-2003)

(a)

No building, structure or use lawfully established on the effective date of the ordinance from which this chapter is derived shall be subject to the amortization provisions of any village code solely by reason of being nonconforming with respect to the standards prescribed in this chapter for any of the following:

(1)

Floor area ratio.

(2)

Yards: front, side, rear or transitional.

(3)

Lot area per dwelling unit.

(4)

Lot width.

(5)

Gross floor area.

(6)

Building height.

(7)

Off-street parking or off-street loading spaces.

(b)

No building, structure or use lawfully established on the effective date of the ordinance from which this chapter is derived and located in any industrial district shall be subject to the amortization provisions of this Code. No building, structure or use located in a business district shall be subject to the amortization provisions of any village ordinance if it is a permitted building, structure or use in any business district, except as provided for elsewhere in this chapter.

(c)

No dwelling lawfully existing on the effective date of the ordinance from which this chapter is derived shall be subject to the amortization provisions of any village ordinance.

(d)

For the purposes of this section a building or structure lawfully constructed or established on the effective date of the ordinance from which this chapter is derived shall be deemed to include any building or structure for which a building permit has been lawfully issued prior to such date, and on which construction is begun within the required period of time as set forth in this chapter.

(Ord. No. O-11-03-4, § 6.03, 11-24-2003)

Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the following provisions:

(1)

Repairs and alterations. Ordinary repairs and alterations may be made to a nonconforming building or structure provided that no structural alterations shall be made in or to such 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, 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. For the purpose of this section, ordinary repairs shall include the replacement of storage tanks where the safety or operation of the installation requires such replacement.

(2)

Additions and enlargements. A nonconforming building or structure which is nonconforming as to bulk, or all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, 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.

(3)

Moving. No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in whole or in part to any other location unless every portion of such building or structure is moved, and the use thereof is made to conform to all regulations of the district into which it is moved.

(4)

Restoration of damaged nonconforming building. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and 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 75 percent of the cost of restoration of the entire building or structure new, shall not be restored 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 75 percent of the cost of restoration of the entire building or structure new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion.

(5)

Discontinuance of use of nonconforming building or structure. A building, structure, or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant on the effective date of the ordinance from which this chapter is derived or thereafter becomes vacant and remains unoccupied, or is not used for a continuous period of six months, 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 and if recommended by the planning and zoning commission and approved by the village board.

(6)

Expansion of use in nonconforming building or structure. The nonconforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations and the use thereof conforms to all the regulations of the district in which the building or structure is located.

(7)

Change of use in nonconforming building or structure. The nonconforming use of a building or structure may be changed to a use permitted in the district in which the building or structure is located, or to a use permitted in a more restrictive district; but no change shall extend or otherwise modify any provision made in this chapter for elimination of such nonconforming building or structure and the use thereof, for the purpose of this subsection only the R-1 single-family residence district shall be considered the most restrictive and the M industrial district the least restrictive district.

(Ord. No. O-11-03-4, § 6.04, 11-24-2003; Ord. No. O-8-09-1, § 2, 8-24-2009)

(a)

The village, at any time and from time to time, by ordinance duly enacted and in accordance with the authority vested in it by 65 ILCS 55/11-13-1 et seq.:

(1)

May acquire by purchase, condemnation or otherwise any buildings or structures which do not conform to the standards fixed by the corporate authorities of the village pursuant to 65 ILCS 55/11-13-1 et seq., and all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures;

(2)

May remove or demolish all such substandard 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 required for public purposes, subject to the provisions of this chapter or any amendment thereto.

(b)

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

(Ord. No. O-11-03-4, § 6.06, 11-24-2003)

The lawful existing nonconforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district, in which it is located, may be continued, subject to the following provisions:

(1)

Expansion of nonconforming use. The nonconforming use of a part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

(2)

Discontinuance. If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of six continuous months:

a.

It shall not be renewed; and

b.

Any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located and if recommended by the planning and zoning commission and approved by the village board of trustees.

(3)

Change of a nonconforming use. No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

(4)

Elimination of nonconforming uses. In all residence districts any use which lawfully exists at the adoption of the ordinance from which this chapter is derived, but is permitted only in a business or industrial district and which is located in a building, all or substantially all of which is designed and intended for a residential purpose, shall be entirely discontinued, and shall thereafter cease operation within five years from the date of adoption of the ordinance from which this chapter is derived.

(Ord. No. O-11-03-4, § 6.06, 11-24-2003)

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:

(1)

Expansion. A nonconforming use of land shall not be expanded or extended beyond the area it occupies.

(2)

Discontinuance. If a nonconforming use of land is discontinued for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.

(3)

Change of use. A nonconforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.

(4)

Elimination of nonconforming use of land. The nonconforming use of land shall be discontinued and cease in accordance with the following.

a.

Where no buildings or structures are employed in connection with such use, discontinue within one year.

b.

Where a nonconforming use of land is accessory to the nonconforming use of a building or structure, discontinued on the same date on which the nonconforming use of the building or structure is discontinued.

(Ord. No. O-11-03-4, § 6.06, 11-24-2003)