Within Charleston there exist structures, uses of structures and uses of land that were lawful prior to the effective date hereof, but which now would be prohibited or restricted under the provisions of this title. The purpose and intent of this title is to permit these nonconformities to continue until they are removed, but not to encourage their continuation. Such uses are declared by this title to be incompatible with permitted uses in the districts involved. Such nonconformities shall not be enlarged upon, expanded or extended, except in conformance with section 10-6-4 of this chapter. (Ord. 03-O-9, 3-18-2003)

Whenever the use of a building shall become nonconforming through an amendment to this title or the district boundaries, such use may be continued and, if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restricted classification. No accessory use or building shall be added to a nonconforming lot or lot containing a nonconforming building or structure. (Ord. 03-O-9, 3-18-2003)

A parcel of land with an area less than that required for the applicable zoning district may be used for any purpose permitted in the zoning district if:

   A.   Conformance: The owner is able to demonstrate to the satisfaction of the community development director, or their designee, that the parcel was lawful at the time it was created; and

   A.   Expansion: A nonconforming use of land existing on the effective date hereof may be continued; provided, however, that no such nonconforming use of land shall, in any way, be expanded or extended, either on the same or adjoining property, except for construction that is intended to bring the property into compliance with the Americans with disabilities act requirements.

   B.   Improvement, Repair And Maintenance:

      1.   Routine Repair And Maintenance Of Nonconforming Structure: Normal maintenance or minor repair of a nonconforming structure shall be permitted. Nonstructural repairs include roof replacement, foundation tuck pointing, window replacement, painting, replacement of trim and siding, and other normal maintenance activities. "Minor repairs" shall be defined as repairs that are nonstructural in nature. The cumulative value of the maintenance or repair work during any thirty six (36) month period shall not exceed sixty percent (60%) of the fair market value of the property prior to conducting of the maintenance, based on an appraisal prepared by a state of Illinois certified real property appraiser. If the value of repairs exceeds sixty percent (60%) of the fair market value of the property, the building or structure shall be brought into conformance with the provisions of this title. Value of repairs shall be determined based on material costs and prevailing wage rates.

      2.   Remodeling And Alterations Of Nonconforming Use:

         a.   If remodeling costs exceed the lesser of one hundred thousand dollars ($100,000.00) or sixty percent (60%) of the fair market value of a property, based on an appraisal performed by a certified real property appraiser, in any continuous thirty six (36) month period, the property shall be brought into conformance with this title.

         b.   Structural alterations or additions to a building that is nonconforming with respect to the height and/or setback requirements established in section 10-8-1 of this title shall be permitted; provided, that no such alteration or addition shall increase the existing nonconformity or create a new nonconformity.

      3.   Restoration Of Destroyed Nonconforming Use: A nonconforming building that has been damaged by fire, explosion, or act of God to the extent of more than fifty percent (50%) of its reproduction value shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than fifty percent (50%) of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of damage; provided, that all portions of the structure being restored are not and were not on or over the property line, the nonconformity is not increased, and a certificate of occupancy is issued within one year of the date of the damage. (Ord. 03-O-9, 3-18-2003)

   A.   Proof Of Status: One or more pieces of evidence predating the effective date hereof shall be provided by the applicant and included with the application. Evidence of nonconformity shall be in the form of:

      1.   Building, land use or development permits;

      2.   City or state zoning, tax assessor or aerial maps;

      3.   Repair and maintenance bills and receipts giving proof of the nonconformity's existence;

      4.   Remodeling, mechanical and electrical equipment contractors' receipts for installation and construction affecting the nonconformity;

      5.   Bills of sale and contracts;

      6.   Business licenses;

      7.   Listing in telephone or business or similar publications; and

      8.   Any other evidence that the community development director, or their designee, deems appropriate to the nonconforming structure, land use or use in a structure.

   A.   Change In Use Authorized:

      1.   Any nonconforming use of land or structure may be changed to another nonconforming use of the same nature or to a less intensive nature if no structural alterations are involved and if it is found that the relation of the structure and proposed use to surrounding property is such that adverse effects on occupants and neighboring property will not be greater than if the original nonconforming use continued.

      2.   The nonconforming use of a building may be extended throughout those parts that were manifestly arranged or designed for such use on the effective date hereof.

   B.   Information Required: Approval for such a change shall be processed through the board of zoning appeals and planning at a public hearing. The following additional factors shall be reviewed:

      1.   The character and history of the use and of development in the surrounding area.

      2.   The comparable degree of noise, vibration, dust, odor, fumes, glare or smoke detectable at the property line.

      3.   The comparative numbers and kinds of vehicular trips to the site.

      4.   The comparative amount and nature of outside storage, loading and parking.

      5.   The comparative visual appearance.

      6.   The comparative hours of operation.

      7.   The comparative effect on existing vegetation.

      8.   The comparative effect on water drainage.

      9.   Other factors which tend to reduce conflicts of incompatibility with the character or needs of the area.

   C.   Application Required: Application for the change of a nonconforming use shall be submitted to the community development director, or their designee, in conformance with the requirements of subsection 10-4-2 A of this title, in writing, together with a site plan showing the existing uses, detailing the type and amount of the proposed change and the names and addresses of all adjacent property owners within two hundred fifty feet (250') of the property.

   D.   Notice Of Change Of Use And Protest: Upon receipt of the application, the property shall be posted with notification of the proposed change. If protests are received from thirty five percent (35%) or more of the property owners within the two hundred fifty foot (250') limit within fifteen (15) days of the posting, the requested change shall require a conditional use permit (see subsection 10-4-3D of this title).

   E.   Recommendation And Action: The board shall make its recommendations on the conditional use permit in writing to the city council. The council shall approve, conditionally approve or deny the application as provided in subsection 10-4-3D of this title.

   F.   Review Criteria: In addition to the criteria established in subsection 10-4-3D of this title, the board and council shall use the following criteria to make their determinations:

      1.   The proposed use creates no more off site problems than the existing use;

      2.   The proposed use occupies no more area of the structure than the existing use;

      3.   The proposed use requires no more off street parking than the existing use; and

      4.   Existing lawful nonconforming uses of a structure that change owners but continue the same use shall be permitted to do so; provided, that an agreement is signed by the new owner and kept on file in the city clerk’s office stating that the new owner agrees to all conditions placed on the previous owner and use(s) of the structure. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)

The maintenance, repair and alterations of a use with nonconforming parking may be permitted, provided the activity does not increase the need for off street parking. Where these activities result in an increase in parking demands, sufficient off street parking shall be provided to bring the entire development into conformance with the requirements of this title. (Ord. 03-O-9, 3-18-2003)

See section 10-10-12 of this title. (Ord. 03-O-9, 3-18-2003)

   A.   Generally: Whenever a nonconforming use of a building or portion thereof is discontinued for a continuous period of ninety (90) days, any future use of such building or portion thereof shall be in conformity with the regulations of the district in which such building is located. Evidence of abandonment of the nonconforming use is not required. The board may grant an extension when an applicant provides evidence of the intent to continue a nonconforming use and has demonstrated that such extension will not threaten the health, safety or welfare of adjacent property owners.

   B.   Intermittent, Illegal Uses: The casual, intermittent, temporary or illegal use of a structure, land or structure and land in combination shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on part of a lot or tract shall not be considered to have established a nonconforming use on the entire lot or tract. (Ord. 03-O-9, 3-18-2003)

   C.   Removal Of Nonconforming Mobile Home Or Manufactured Home: A nonconforming mobile home or manufactured home not located in a mobile home park, having been removed from its foundation or pad, shall constitute abandonment of the use and shall comply with the provisions of this title. (Ord. 03-O-9, 3-18-2003; amd. 2006 Code)

   D.   Manufactured Home Park: All manufactured home parks shall be brought into compliance for lighting, recreational facilities and shelters within five (5) years of the effective date hereof.

   E.   Discontinuance Due To Intentional Destruction: A building or structure that has been intentionally damaged by fire or other causes within the control of the applicant shall not be permitted to be rebuilt or reestablished. (Ord. 03-O-9, 3-18-2003)

   A.   Residences: Nonconforming residences shall be allowed to provide private garages or sanitary facilities without complying with this chapter as long as the garage or sanitary facility is in conformance with all other adopted codes. Such additions shall comply with all density and dimensional requirements of the zoning district in which they are located.

   B.   Historic Structures: All structures listed on the National Register of Historic Places, or as a state or local historical site, shall not be required to be brought into conformity with this title; provided, that no construction or reconstruction increases the degree of nonconformity of the structure or threatens the historic status of the structure. Structures and locations that are eligible for listing on the national register shall be exempt from this title, provided an application for designation by the U.S. interior department on the national register is filed and accepted.

   C.   Development Of Legal Lots Of Record Not In Compliance With Bulk/Density Standards: In order to encourage infill and redevelopment, legal lots of record and vested lots of record that do not meet the bulk and density requirements of this title may be developed with the land uses permitted in the district. However, the city council may require that adjacent lots under single ownership be consolidated to achieve planned density. (Ord. 03-O-9, 3-18-2003)

Any nonconforming building, structure, or use may be converted to a permitted conditional use by the granting of a conditional use permit in conformance with subsection 10-4-3D of this title. This may occur only when it is shown that the nonconforming building, structure, or use is providing a particular service to the public and that the use is not detrimental to the city as a whole or to the adjacent properties. (Ord. 03-O-9, 3-18-2003)

Existing single-family structures which are currently being utilized as a single-family residence, as defined in this title, are exempt from this provision and shall be allowed to be rebuilt as a single-family dwelling unit and shall be allowed to continue to be used as a single-family residence by right. (Ord. 07-O-45, 8-7-2007)