The purpose of this chapter is to provide for the regulation of nonconforming uses, buildings and structures and to specify those circumstances and conditions under which those nonconforming uses, buildings, and structures which adversely affect the maintenance, development, use, and taxable value of other property in the district in which they are located shall be gradually eliminated, in accordance with the authority granted by the statutes of the state of Illinois. (Ord. Z-8-98, 9-21-1998)

This title establishes separate districts, each of which is an appropriate area for the location of uses permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming uses, buildings, and structures which substantially and adversely affect the orderly development and taxable value of other property in that district not be permitted to continue indefinitely. It is reasonable, and in accordance with the authority delegated by the statutes of the state of Illinois, that a time limit be placed upon the continuance of such existing nonconforming uses, based upon the nature of the use, and in the case of nonconforming buildings and structures, upon their character, age and the investment therein. In such cases, the adoption of a reasonable amortization program permits the owner to make his plans during a period when he is allowed to continue the nonconforming use of his property, thereby minimizing his loss, while at the same time assuring the public that the district in which the nonconformity exists will eventually benefit from a substantial uniformity of permitted uses. (Ord. Z-8-98, 9-21-1998)

   A.   Avoidance Of Undue Hardship: Nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building, structure, or development on which construction was lawfully begun prior to the effective date hereof and upon which construction has actually begun and has been diligently pursued. Where demolition or removal of an existing building has been substantially begun prior to rebuilding, such demolition or removal shall be deemed to be construction.

   B.   Uses Permitted Under Conditional Use Provisions: Any use which is permitted as a conditional use in a district under the terms of this title shall be deemed a conforming use in such district without further action.

   C.   Restoration Of Structures To Safe Conditions: Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

   D.   Illegal Uses: Illegal uses existing at the time this title is enacted shall not be validated by virtue of its enactment.

   E.   Burden Of Owner To Establish Legality Of Nonconformity: The burden of establishing the legality of a nonconformity that is lawfully existing under the provisions of this title is upon the property owner of the nonconformity and not upon the city.

   F.   Variations Previously Granted For Uses And Structures: Any use or structure that becomes nonconforming upon the effective date hereof and for which a variation was previously granted, shall remain subject to any conditions that were imposed pursuant to the grant of such variation.

   G.   Conditional Uses Previously Granted For Uses And Structures: Any use or structure that becomes nonconforming upon the effective date hereof and for which a conditional use permit was previously granted, shall remain subject to any conditions that were imposed pursuant to the grant of such conditional use permit. (Ord. Z-8-98, 9-21-1998)

   A.   Single Nonconforming Lots Of Record: In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date hereof, notwithstanding provisions of this title governing minimum lot width and minimum lot area; provided, however, that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. (Ord. Z-6-15, 1-21-2015)

   B.   Lots In Combination: If two (2) or more lots or a combination of lots with continuous frontage in single ownership are of record at the effective date hereof, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this title; and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.

   C.   Other Uses Of Legal Nonconforming Lots: In any commercial or manufacturing zoning district, a legal nonconforming lot of record may be used for any use permitted in the district. (Ord. Z-8-98, 9-21-1998)

   A.   Authority To Continue: Except as provided in subsection I of this section, any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the restrictions contained herein and in section 12-5-3 of this chapter.

   B.   Ordinary Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure devoted in whole or in part to a nonconforming use, provided, however, that this subsection shall not be deemed to authorize any violation of this section.

   C.   Structural Alteration: No structure devoted in whole or in part to a nonconforming use shall be structurally altered unless the use thereof shall thereafter conform to the use regulations of the zoning district in which it is located.

   D.   Enlargement Of Structure: No structure devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such structure shall thereafter conform to the use regulations of the district in which it is located.

   E.   Extension Of Use: No nonconforming use shall be extended, expanded, enlarged or increased in intensity except that a nonconforming use located in a structure not designed or intended for any use permitted in the district in which such structure is located may be extended throughout any part of such structure lawfully existing on the effective date hereof provided, however, that such extension shall not be allowed unless off street parking and loading spaces required for such extension can be, and are, provided in accordance with the requirements and restrictions of chapter 9, "Off Street Parking And Loading Facilities", of this title.

   F.   Moving: No structure devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatsoever, 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.

   G.   Change In Use: No nonconforming use shall be changed to any use other than a use permitted in the zoning district in which the use is located, except as provided for in section 12-5-7 of this chapter. When such a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any nonconforming use. For purposes of this subsection, 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 five (5) days. Any change of use in violation of this subsection shall be deemed to be an abandonment of the lawfully existing nonconforming use.

   H.   Damage Or Destruction: Any structure devoted in whole or in part to, or accessory to, a nonconforming use that is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the cost of replacement of such structure new shall not be restored unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located. In determining whether a parking or loading nonconformity has been created or increased, the provisions of chapter 9, "Off Street Parking And Loading Facilities", of this title shall control.

   I.   Termination By Discontinuance Or Abandonment:

      1.   When a nonconforming use is discontinued or abandoned for a period of twelve (12) months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located.

      2.   Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection. (Ord. Z-8-98, 9-21-1998)

   A.   Authority To Continue: Any nonconforming structure may be continued so long as it remains otherwise lawful, subject to the restrictions contained herein and in section 12-5-3 of this chapter.

   B.   Repair, Maintenance, Alterations, And Enlargement: Except as limited by subsections C and D of this section, any nonconforming structure may be repaired, maintained, altered, or enlarged provided, however, that no such repair, maintenance, alteration, or enlargement shall either create any new nonconformity or increase the degree of the existing nonconformity of all or any part of such structure. For the purposes of this section, the vertical or horizontal extension of a structure shall be considered to increase the degree of an existing nonconformity related to a required yard or setback.

   C.   Moving: No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to all of the regulations of the zoning district in which it is located after being moved.

   D.   Damage Or Destruction:

      1.   Any nonconforming structure that is damaged or destroyed by any means not within the control of the owner thereof, to any extent, may be repaired or restored provided, however, that no such repair or restoration shall be made that would create a new nonconformity or increase the degree of any nonconformity existing prior to such damage or destruction. No such repair or restoration, except when in conformity with the applicable district regulations, shall be made unless a certificate of occupancy is obtained and the restoration is actually begun within one year after the date of such damage or destruction and is diligently pursued to completion. For the purposes of this subsection, the vertical or horizontal extension of a structure shall be considered to increase the degree of an existing nonconformity related to a required yard or setback. In determining whether a parking or loading nonconformity has been created or increased, the provisions of chapter 9, "Off Street Parking And Loading Facilities", of this title shall control.

      2.   In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with subsection B of this section. (Ord. Z-8-98, 9-21-1998)

Notwithstanding the provision of section 12-5-6 of this chapter, where no structural alterations are made, any nonconforming use of a structure may, upon appeal to the planning and zoning board, be changed to another nonconforming use provided that the planning and zoning board finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the planning and zoning board may require additional conditions and safeguards. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)

The regulations pertaining to nonconforming signs shall be found in section 12-11-10, "Signs Not Conforming To This Chapter", of this title. (Ord. Z-8-98, 9-21-1998)

For the purposes of this title, and notwithstanding the prohibitions set forth in sections 12-5-5 and 12-5-6 of this chapter, the one to one replacement of a mobile home with another mobile home shall be permitted. (Ord. Z-8-98, 9-21-1998)

Except when granted an extension by the city council, all nonconforming commercial or industrial buildings located within any residential district shall be removed or converted, and the building thereafter devoted to a use permitted in the district, in accordance with the following schedule:

 

 

(Ord. Z-8-98, 9-21-1998)

No building, structure, or use lawfully established on or before the effective date hereof shall be subject to the amortization provisions of this chapter solely for reason of being nonconforming with respect to the standards prescribed in this title for any yards - front, side and rear; lot area per dwelling unit; building height; and off street parking and loading spaces. (Ord. Z-8-98, 9-21-1998)