The purposes of this Article are as follows:

   A.   To provide for the regulation of nonconforming uses, buildings and structures; and

   B.   To specify those circumstances and conditions under which nonconforming buildings, structures and uses shall be gradually eliminated upon reaching the end of their respective normal useful lives, in accordance with the authority granted by Illinois Revised Statutes, chapter 24, section 11-13-1. (1985 Code)

Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this Zoning Chapter and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of this Zoning Chapter or of any subsequent amendment thereto, may be continued, but only subject to the amortization periods and other regulations set forth in this Article IV. (1985 Code)

Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this Zoning Chapter and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of this Zoning Chapter or of any subsequent amendment thereto, shall be subject to the following restrictions:

   A.   Repairs And Alterations:

      1.   Ordinary repairs and alterations, including the replacement of storage tanks where the safety of operation of the building, structure or use requires such replacement, and as otherwise determined by the Zoning Administrator, may be made to a nonconforming building or structure.

      2.   No structural alterations shall be made in or to a nonconforming 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 as follows:

         a.   Those structural alterations which will make the building or structure, and use thereof, conform to the regulations of the district in which it is located.

   B.   Additions And Enlargements:

      1.   No addition or enlargement of any kind shall be made to a nonconforming 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, and specifically including a building or structure nonconforming only as to bulk, except as follows:

         a.   An addition or enlargement made to conform a nonconforming building or structure, and the use thereof, to all the regulations of the district in which it is located.

   C.   Moving: A building or structure which does not conform to all the regulations of the district in which it is located shall not 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 the regulations of the district into which it is moved.

   D.   Restoration Of Damaged Nonconforming Buildings: A building or structure, all or substantially all of the building or structure which was 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, other casualty, or act of God, shall be restored subject to the following conditions:

      1.   If the building or structure is destroyed or damaged to the extent that the cost of restoration to the condition in which it existed prior to the occurrence will exceed fifty percent (50%) of the cost of restoration of the entire building or structure new, the building or structure, and the use thereof, shall be restored only if they conform after restoration to all regulations of the district in which said building or structure is located;

      2.   If the building or structure is destroyed or damaged to the extent that the cost of restoration to the condition in which it existed prior to the occurrence is less that fifty percent (50%) of the cost of restoration of the entire building or structure new, such restoration shall be started within one year from the date of the partial destruction, and be thereafter diligently prosecuted to completion.

   E.   Discontinuance Of Use Of A Nonconforming Building Or Structure: A building, structure or portion thereof shall not be occupied or used except by a use which conforms to the use regulations of the district in which it is located when the following conditions occur:

      1.   All or substantially all of the building, structure or any portion thereof is designed or intended for a use which is not permitted in the district in which it is located; and

      2.   The building, structure or portion thereof is or becomes vacant, unoccupied, and not used:

         a.   On the effective date of this Zoning Chapter; or

         b.   For any continuous period of one hundred eighty (180) days any time after the effective date of this Zoning Chapter.

   F.   Expansion Of Use In Nonconforming Buildings Or Structures: 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, with the following exception:

      1.   No change or structural alteration shall be made unless such change or structural alteration and the use thereof conforms to all the regulations of the district in which the building or structure is located.

   G.   Change Of Use In Nonconforming Buildings Or Structures: The nonconforming use of building or structure may be changed to a use permitted in the district in which the building or structure is located, provided that 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. (1985 Code)

   A.   Any 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, shall be removed, and its use thereafter shall cease, or shall be converted to a building or structure designed or intended for a use permitted in the district in which it is located.

   B.   Such elimination of nonconforming buildings and structures shall be in accordance with the following conditions and amortization schedules:

      1.   Residence Districts And Estate Districts: Any building or structure which is located in any estate or residence district, and all or substantially all of which is designed or intended for a use permitted only in a business or manufacturing district, shall be removed or it shall be altered and converted to a building or structure designed for a use permitted in the district in which it is located within six (6) months after the termination of the respective period of time established in subsection B3 of this Section.

      2.   Business Districts: Any building or structure which is located in a B1 or B2 District and which is designed or intended for a use permitted only in a manufacturing district, shall be removed or shall be altered, remodeled, or converted to a permitted use within six (6) months after the termination of the life of such building or structure, which is established in subsection B3 of this Section.

      3.   Amortization Schedule:

         a.   A building or structure with an assessed valuation on the effective date of this Zoning Chapter over five thousand dollars ($5,000.00), but not more than thirty thousand dollars ($30,000.00), shall be amortized in accordance with its type of construction, as follows:

            (1)   Fireproof Construction And Noncombustible Construction: Forty (40) years from the date of building permit or twenty five (25) years from effective date of this Zoning Chapter, whichever last occurs.

            (2)   Exterior Masonry Wall Construction: Thirty (30) years from the date of building permit or twenty (20) years from effective date of this Zoning Chapter, whichever last occurs.

            (3)   Frame Construction: Twenty (20) years from the date of building permit or ten (10) years from effective date of this Zoning Chapter, whichever last occurs.

         b.   A building or structure with an assessed valuation on the effective date of this Zoning Chapter over two thousand dollars ($2,000.00), but not more than five thousand dollars ($5,000.00), shall be amortized as follows:

            (1)   Eight (8) years from the date of building permit or ten (10) years from effective date of this Zoning Chapter, whichever last occurs.

         c.   A building or structure with an assessed valuation on the effective date of this Zoning Chapter under two thousand dollars ($2,000.00), shall be amortized as follows:

            (1)   Four (4) years from the date of building permit or two (2) years from effective date of this Zoning Chapter, whichever last occurs. (1985 Code)

   A.   The following buildings, structures and uses shall be exempted from the amortization periods set forth in this Article IV:

      1.   Any building, structure or use lawfully established on the effective date of this Chapter which shall be nonconforming solely with respect to the standards prescribed in this Zoning Chapter for any of the following:

         a.   Floor area ratio;

         b.   Yards - front, side, rear, or transitional;

         c.   Lot area per dwelling unit;

         d.   Lot width;

         e.   Ground floor area per dwelling;

         f.   Gross floor area;

         g.   Building height; or

         h.   Off-street parking or off-street loading spaces.

      2.   Any building, structure or use lawfully established on the effective date of this Chapter and located in any manufacturing district.

      3.   Any dwelling or dwelling unit, lawfully existing on the effective date of this Zoning Chapter.

      4.   Any building, structure, or use located in a business district, provided that it is a permitted building, structure or use in any business district described in this Zoning Chapter.

   B.   For the purposes of this Article IV, a building or structure lawfully constructed or established on the effective date of this Zoning Chapter 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.

   C.   For purposes of this Article IV, no building, structure, or use lawfully established on the effective date of this Chapter and located in any manufacturing district shall be considered nonconforming solely with respect to the location of off-street loading berths in a front yard or a side yard adjoining a street, and with respect to such off-street loading berths being less than fifty feet (50') in length but not less than twenty seven feet (27') in length. (1985 Code)

   A.   The Village of Hampshire, at any time and from time to time by ordinance duly enacted and in accordance with the authority vested in it by Illinois Revised Statutes, chapter 11-13-17, shall have the following powers:

      1.   To acquire by purchase, condemnation, or otherwise, any buildings or structures which do not conform to the standards fixed by the Village of Hampshire pursuant to section 11-13-1, chapter 24 of the Revised Statutes of the State of Illinois, and all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures;

      2.   To remove or demolish all such nonconforming buildings or structures so acquired;

      3.   To hold and use any remaining property for public purposes; and

      4.   To sell, lease or exchange such property as is not required for public purposes, subject to the provisions of this Chapter or of any amendment hereto.

   B.   No such acquisition by condemnation shall be made until such time as the Planning and Zoning Commission, at the request of the Village 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 Board of Trustees. (1985 Code; amd. Ord. 21-15, 4-15-2021)

The lawfully 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:

   A.   The nonconforming use of 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.

   B.   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 ninety (90) days, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.

   C.   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. (1985 Code)

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

      2.   If a nonconforming use of land is discontinued for a period of six (6) 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.   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.

   B.   The nonconforming use of land shall be discontinued and cease in accordance with the following, except that in Estate, R-1 and R-2 Districts, the allowable term shall be reduced by fifty percent (50%):

      1.   Where no building or structure is employed in connection with such use, within one year.

      2.   Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use and have an assessed valuation of not more than two thousand dollars ($2,000.00) on the effective date of this Zoning Chapter, within two (2) years.

      3.   Where the improvements, underground or substantially at ground level, which comprise all or substantially all of the improvements employed in a nonconforming use of land and which have an assessed valuation of more than two thousand dollars ($2,000.00) on the effective date of this Chapter, within five (5) years.

      4.   Where a nonconforming use of land is accessory to the nonconforming use of a building or structure, on the same date on which the nonconforming use of the building or structure is discontinued. (1985 Code)