The purpose of this Section is to provide for the regulation of nonconforming uses, buildings, structures and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses may be continued, in accordance with the authority granted by 65 Illinois Compiled Statutes 5/11-13-1. (Ord. 71-266, 10-12-1971; amd. Ord. 93-13, 8-10-1993)

   (A)   Any lawfully established use of a building or land which becomes nonconforming with respect to this Title on the effective date thereof or on the effective date of any amendments thereto, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this Chapter.

   (B)   Any legal, nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, as otherwise permitted herein.

   (C)   Any use that is illegal at the time of the adoption of this Title, or at the time of any subsequent amendment thereto, shall not become a nonconforming use by reason of such adoption, but shall remain an illegal use, except where such illegal use is in a zoning district permitting such use. (Ord. 93-13, 8-10-1993)

   (A)   No nonconforming use of any building, structure or portion thereof, which is designed or intended for use not permitted in the district in which it is located, may be changed to another nonconforming use thereof unless such other use either conforms to the use regulations of the district in which it is located or is permitted by a special use permit as authorized by Chapter 18 of this Title.

   (B)   A nonconforming structure that was erected, converted or structurally altered in violation of the provisions of this Title or any subsequent amendment thereto shall not be validated by the adoption of this Title or any subsequent amendment thereto, and such violations or any violations of this Title may be ordered removed or corrected by the proper officials at any time.

   (C)   No change of use shall extend or otherwise modify any provision in Section 10-11-9 of this Chapter for the elimination of a nonconforming building or structure and the use thereof. (Ord. 93-13, 8-10-1993)

   (A)   Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of the ordinance, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

   (B)   Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.

   (C)   Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

   (D)   A nonconforming use not authorized by the provisions of the zoning ordinance in effect at the time the amendatory ordinance becomes effective, shall be discontinued and not reestablished, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is then located. (Ord. 93-13, 8-10-1993)

   (A)   Nonconforming Uses: There shall be no extension or enlargement of any nonconforming use.

   (B)   Nonconforming Buildings:

      1.   A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.

      2.   No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

      3.   A building or structure which is nonconforming with respect to yards, floor area ratio or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located. (Ord. 93-13, 8-10-1993)

   (A)   Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   (B)   Alterations designed to increase the intensity of a nonconforming use, or to introduce a new nonconforming use, are expressly prohibited.

   (C)   No structural alteration shall be made in a nonconforming building or structure or in a building or other structure containing a nonconforming use, except when the alteration is required by law or when the alteration will bring the building or structure into conformity with the zoning district in which it is located. (Ord. 93-13, 8-10-1993)

A building or structure which contains a nonconforming use or is designed or intended for a use not permitted in the district in which it is located and which is damaged or destroyed by any means to the extent of fifty percent (50%) of its replacement value shall not thereafter be restored unless said building or structure and the use thereof shall conform to all the regulations of the district in which it is located. (Ord. 71-266, 10-12-1971)

No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, except as required by law, unless every portion of such building or structure which is moved has the use thereof made to conform to all the regulations of the district in which it is located. (Ord. 71-266, 10-12-1971)

   (A)   Valuation:

      1.   For the purposes of this Section, the valuation of a nonconforming building or structure or use shall be its assessed valuation, or where no assessed valuation exists, its appraised valuation at the time it became nonconforming with respect to this Title.

      2.   When the provisions of this Section affect only a portion of a building or structure, and when there is no separate valuation for such portion, the Building Commissioner shall determine the valuation of same on the basis of an equitable prorating of the valuation of the entire building or structure.

   (B)   Nonconforming Buildings Or Structures Less Than Five Thousand Dollars Valuation: Any nonconforming building, structure or portion thereof, which has a valuation of less than five thousand dollars ($5,000.00) shall be demolished, removed or remodeled and converted for a use permitted in the zoning district in which it is located within two (2) years from the date the building, structure or portion thereof became nonconforming with respect to this Title, as indicated herein, or five (5) years from the date of issuance of the building permit for same, or from the date construction was completed if no building permit was issued, whichever period shall terminate last.

   (C)   Nonconforming Buildings Or Structures From Five Thousand Dollars To Ten Thousand Dollars Valuation: Any nonconforming building, structure or portion thereof, which has a valuation of at least five thousand dollars ($5,000.00) but not more than ten thousand dollars ($10,000.00) shall be demolished, removed or remodeled and converted for a use permitted in the zoning district in which it is located within four (4) years from the date the building, structure or portion thereof, became nonconforming with respect to this Title, as indicated herein, or eight (8) years from the date of issuance of the building permit for same, or from the date construction was completed if no building permit was issued, whichever period shall terminate last.

   (D)   Nonconforming Buildings Or Structures Exceeding Ten Thousand Dollars Valuation: Any nonconforming building, structure or portion thereof, which has a valuation of more than ten thousand dollars ($10,000.00) shall be demolished, removed or remodeled and converted for a use permitted in the zoning district after the termination of the respective periods of time set out hereinafter, which periods are hereby established as a reasonable amortization of the normal, useful life of each class of building and type of construction above the foundation walls or piers:

      1.   Fireproof construction of noncombustible materials consisting of exterior walls of solid brick, stone, reinforced concrete or insulated metal paneled between fireproofed steel and with interior structural members of reinforced concrete or fireproofed steel, thirty (30) years from the date the building, structure or portion thereof, became nonconforming with respect to this Title as hereinbefore indicated, or forty (40) years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, whichever period shall terminate last.

      2.   Fire resistant shell construction consisting of exterior walls of solid brick, stone, reinforced concrete or other masonry units with structural members of unprotected steel, timber or wood joist construction, twenty (20) years from the date the building, structure or portion thereof, became nonconforming with respect to this Title as hereinbefore indicated, or thirty (30) years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, whichever period shall terminate last.

      3.   Frame type construction consisting of exterior walls of wood or timber frame construction irrespective of the type of exterior surfaces and all other structures not qualifying under subsections (D)1 or (D)2 herein and all physical improvements to land, all or substantially all of which are below or at ground level, ten (10) years from the date the building, structure or portion thereof became nonconforming with respect to this Title as hereinbefore indicated, or twenty (20) years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, whichever period shall terminate last.

If, prior to the adoption of this Title substantially all of a nonconforming building has been reconstructed, rebuilt or structurally altered, or if an addition at least equal in size or valuation has been structurally attached thereto, then for the purposes of determining the normal useful life of such building, the date of issuance of the building permit therefor shall be taken to be the date of issuance of the building permit for such reconstruction, alteration or addition.

   (E)   Nonconforming Use Of Conforming Building: In a residence district, the nonconforming business or manufacturing use of a building, or portion thereof, which is designed or intended for a residential purpose for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation on or before five (5) years from the date the use became nonconforming with respect to this Title and not be reestablished.

   (F)   Nonconforming Use Of Land:

      1.   The nonconforming use of land in a residence district shall be terminated not later than two (2) years from the date the use became nonconforming with respect to this Title in each of the following instances:

         (a)   Where no buildings or structures are employed in connection with such use, or where the only buildings, structures or other physical improvements employed are accessory or incidental to such use or have an assessed valuation of less than five thousand dollars ($5,000.00); or

         (b)   Where such use is maintained in connection with a conforming building or structure; except that inadequate off street parking facilities accessory to a building or structure located in the residence district and occupied by a use conforming with the requirements of the district may be continued for as long a time as the premises are used for a permitted use.

      2.   A nonconforming use of land which is accessory to the nonconforming use of a building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.

      3.   The sale of merchandise in the open, when not permitted by the provisions of this title, shall be discontinued immediately.

      4.   A nonconforming use of land which has in connection therewith, physical improvements, all or substantially all of which are underground or at ground level, shall be deemed to be a nonconforming structure, and shall be subject to the applicable provisions of this section.

   (G)   Exempted Buildings, Structures And Uses:

      1.   No lawfully established building, structure or use shall be subject to the termination provisions of this section. Solely for reason of being nonconforming with respect to the standards prescribed in this title for any of the following:

   Floor area ratio.

   Yards - front, side, rear or transitional.

   Off street parking or loading.

   Lot area.

   Building height.

   Gross floor area.

(Ord. 71-266, 10-12-1971)

      2.   No nonconforming residential use or building lawfully established in a residence district shall be subject to the termination provisions of this section. For purposes of this section, the term "nonconforming residential use" shall mean a use which was approved by the president and board of trustees in the form of an ordinance or other formal action taken as reflected in the minutes of the board of trustees. (Ord. 07-07, 9-11-2007)