The zoning districts established by this Code are designed to guide the future use of land within the Village by encouraging the development or maintenance of areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such nonconformities is generally desirable.

   While the regulations of this Article related to nonconformities allow such nonconformities to continue without specific limitation of time, the regulations restrict further investments that would make the nonconformity more permanent, and the eventual elimination of the nonconformity is intended.

   E.   Burden of Owner to Establish Legality of Nonconformity. The burden of establishing that any nonconformity is lawfully existing under the provisions of this Article XII shall, in all cases, be upon the owner of such nonconformity and not upon the Village.

   A.   Authority to Continue. Except as provided in Subsection I of this Section, any lawfully existing nonconforming use not involving the use of a structure, or involving only a structure that is accessory to a nonconforming use of land, or located in a structure designed for a use permitted in the district in which it is located may be continued so long as it remains otherwise lawful, subject to the regulations contained in Subsections B through H of this Section and in Subsections D and E of Section 25-90 of this Code.

For purposes of this Section, any structure that is used in connection with a nonconforming use of land and that has an assessed value of less than $5,000 on the effective date of this Code or any amendment hereto creating such nonconformity shall be considered to be a structure accessory to a nonconforming use of land.

   D.   Enlargement of Structure. No structure that is accessory to a nonconforming use of land or that is designed for a permitted use and 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. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure. 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.

      1.   An extension of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on the effective date of this Code or any amendment hereto that causes such use to become nonconforming, and

      2.   An extension of such use, including its accessory uses, 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 this Code or any amendment hereto that causes such use to become nonconforming, and

      3.   An extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this Code or any amendment hereto that causes such use to become nonconforming.

When any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 50 percent or less of the cost of replacement of the structure new, repair or restoration of such structure may be made; provided, however, that no repairs or restorations shall be made that would create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any parking, loading, bulk, yard, or space nonconformity existing prior to such damage or destruction, nor shall any repairs or restoration except in conformity with the applicable zoning district regulations be made unless a Certificate of Zoning Compliance is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.

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 Subsections B, C, and D of this Section.

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.

      1.   Prohibited Extensions. A nonconforming use in a structure not designed or intended for any use permitted in the district in which such structure is located shall not be extended, expanded, enlarged, or increased in intensity by:

         (a)   An extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this Code or any amendment to it that causes such use to become nonconforming; or

         (b)   An extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this Code or any amendment to it that causes such use to become nonconforming.

When any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 50 percent or less of the cost of replacement of the structure new, repair or restoration of such structure may be made; provided, however, that no repairs or restorations shall be made that would create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any parking, loading, bulk, yard, or space nonconformity of such structure existing prior to such damage or destruction nor shall any repairs or restoration except in conformity with the applicable zoning district regulations be made unless a Certificate of Zoning Compliance is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.

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 Subsections B, C, and D of this Section.

   I.   Termination by Discontinuance or Abandonment. When a nonconforming use of a part or all of a structure that was not designed or intended for any use permitted in the zoning district in which such structure is located is discontinued or abandoned for a period of 12 consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such structure shall comply with the use regulations of the district in which such structure is located.

Any period of such discontinuance caused by government actions, 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.

   A.   Authority to Continue. Any nonconforming structure that is devoted to a use that is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this Section and Section 25-90.

   B.   Repair, Maintenance, Alterations, and Enlargement. 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 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.

   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 the regulations of the zoning district in which it is located after being moved.

   D.   Damage or Destruction. 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 repair or restoration shall be made that would create any new nonconformity not existing prior to such damage or destruction nor shall any repair or restoration except in conformity with the applicable district regulations be made unless a Certificate of Zoning Compliance is obtained and restoration is actually begun within one year after the date of such damage or destruction and is diligently pursued to completion.

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.

   A.    Authority to Utilize for Dwellings. In any district in which dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this Code, a dwelling of the type permitted in the district in which the lot is located and that complies with the restrictions of Subsection B of this Section may be erected on a legal nonconforming lot of record that has a total lot area equal to at least 70 percent of the total lot area required in the district in which such lot is located.

   B.   Regulations for Single Family Use of Nonconforming Lots. A legal nonconforming lot of record authorized to be used pursuant to Subsection A of this Section may be used for a dwelling of the type permitted in the district in which the lot is located and permitted accessory structures, but for no other structure. Construction of such dwelling and accessory structures shall comply with all the regulations applicable to dwellings and accessory structures in the zoning district in which the lot in question is located, except that the following lot area requirements shall apply in place of the lot area requirements otherwise applicable:

      1.   Total lot area shall equal at least 70 percent of the district requirement for the type of dwelling, and

      2.   Lot area per unit shall equal or exceed the district requirement, except that one detached single family dwelling may be constructed with only 70 percent of the required lot area per unit.

    C.   Other Uses of Nonconforming Lots. In any zoning district in which dwellings are not permitted, a legal nonconforming lot of record may be used for any use permitted in the district in which it is located, if, but only if, the development of such lot meets all requirements of the district in which it is located, including floor area ratio and yard requirements, except lot area, width, and depth requirements.

Any nursing and personal care facility which lawfully existed on the date of the passage of this ordinance shall be a legal non-conforming use subject to the provisions of Article IX, Nonconformities. In order to be lawfully existing, the nursing and personal care facility must have a current valid license from the State of Illinois issued under the Nursing Home Care Act.

Because of the effect that such facilities have shown upon neighboring residential areas, the continuation of any legal non-conforming use is subject to the following limitations:

   A.   There shall be no increase in the number of beds for which the facility is permitted by the Illinois Department of Public Health.

   B.   There shall be no increase in the number of beds in any category (such as skilled beds, intermediate beds, etc.) for which the facility is permitted by the Illinois Department of Public Health.

   C.   No new patients shall be admitted under the categories of Aggressive/Anti-Social and Drug Addiction. Any existing patients in such categories may remain, but upon their removal from the facility, no new patient may replace the same if admitted under the above categories.

   D.   On-site parking requirements shall be not less than one parking place for each three beds for which the facility is permitted by the Illinois Department of Public Health plus one parking space for each member of the staff as determined by taking the most recent total staff (including full-time and part-time) as reported by the Illinois Department of Public Aid and divided by three. To the extent that a facility does not meet this on-site parking requirement, no new patients shall be admitted, even if replacing existing patients who are removed from the facility.