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 certain buildings, structures and uses which are deemed incompatible with the character or adjacent property in the district in which they are located, and with that of the village as a whole, shall be gradually eliminated in accordance with the authority vested in it by the applicable provisions of the Illinois Municipal Code.

Any building, structure, or use which existed lawfully at the time of the adoption of this title and which becomes nonconforming upon the adoption of this title or of any subsequent amendment thereto, may be continued only in accordance with the regulations contained in this chapter.

A.

Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such 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 those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. Ordinary repairs and alterations shall be determined by the zoning officer and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such replacement.

B.

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, shall not be added to or enlarged in any manner unless such nonconforming building or structure use thereof, including all additions and enlargements thereof, is made to conform to all the regulations of the district in which it is located.

C.

A nonconforming building or structure which is nonconforming only as to bulk, may be added to or enlarged, provided such additions or enlargement conform to all regulations of the district in which it is located.

No nonconforming building or structure shall be moved in whole or in part to any other location unless every portion of such building or structure, and the use thereof, is made to conform to all regulations of the building district in which the moved building is to be located.

A nonconforming building or structure, or portion thereof, which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition which it was before the occurrence will exceed sixty (60) percent of the total cost of reconstructing the entire building or structure, shall not be restored unless the building or structure and the use thereof shall conform to all regulations of the district in which it is located. In the event that such damage or destruction is less than sixty (60) percent of the cost of reconstructing the entire building or structure, no repairs or construction for restoration shall be made unless such work is started within one year from the date of the partial destruction and is diligently prosecuted to completion.

A nonconforming use of a building or structure, or portion thereof, may be changed to a use permitted in the district in which the building or structure is located, or the nonconforming uses of a part of such a building may be extended to the remaining parts of the building but no change or extension or use shall extend or otherwise modify any provision made in this chapter for elimination of such nonconforming building or structure and the use thereof. However, once a use is changed to a conforming use, such building or structure shall not thereafter be used for a nonconforming use or purpose.

The nonconforming use of a building or structure, or portion thereof, may be changed to a use permitted in the district in which the building or structure is located, or the nonconforming uses of a part of such a building may be extended to the remaining parts of the building but no change or extension of use shall extend or otherwise modify any provision made in this title for elimination of such nonconforming building or structure and the use thereof. However, once a use is changed to a conforming use, such building or structure shall not thereafter be used for a nonconforming use or purpose.

The existing nonconforming use of a part or all of a conforming building or structure may be continued subject to the following provisions:

A.

The nonconforming use of a part of such building or structure 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 such a building or structure is discontinued, or abandoned for a period of six consecutive months, it shall not be renewed, and any subsequent use of such building or structure shall conform to the use regulations of the district in which the premises are located.

C.

Any lawful nonconforming use in a conforming building or structure existing in a residence district on the effective date of this title or any amendment thereto which is permitted in this title as a permitted or conditional use only in a business or manufacturing district, shall be entirely discontinued within ten (10) years from the effective date of this or any amendments.

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 land, may be continued subject to the following provisions:

A.

Such nonconforming use shall not be expended or extended beyond the area it occupies.

B.

If such a nonconforming use of land is discontinued or abandoned for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of such land shall conform to the regulations of the district in which the land is located.

C.

No nonconforming use of land shall be changed to another nonconforming use.

D.

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

E.

The outdoor or exposed storage of construction materials in yards shall be discontinued within ten (10) years of the effective date of this chapter, and within one year such exposure shall be eliminated by fencing or dense planting screens.

A.

The village, at any time, and from time to time, by ordinance duly enacted may:

1.

Acquire by purchase, condemnation or otherwise any nonconforming structure and all land which is necessary or appropriate for the rehabilitation or redevelopment of the area blighted by such nonconforming structure;

2.

Remove or demolish all such nonconforming structures so acquired;

3.

Hold and use any remaining property for public purposes;

4.

Sell, lease, or exchange such property as is not required for public purposes, subject to the regulations of the district in which it is located.

B.

No such acquisition shall be made until such time as the plan commission, at the request of the village board, or upon its own initiative, has made a study of the area within which such nonconforming structure is located and has filled a written report on such study with the village board.

Any sign lawfully existing prior to the enactment of this title, but which could not be erected in accordance with the provisions of this section shall be deemed to be a legally nonconforming sign and may continue to be in existence with the following conditions:

A.

The sign must be properly maintained in a safe condition. No nonconforming sign shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for changeable copy. Any other changes made will be to bring the nonconforming sign into conformance with the provisions of this section.

B.

No nonconforming sign shall be allowed to remain after the activity, business, or use to which it relates has been discontinued.

C.

If a nonconforming sign is damaged in such a manner that the estimated expense of repairs exceeds fifty (50) percent of its replacement value, the sign shall not be allowed to remain and must be removed.

D.

Nothing in this section shall relieve the owner or user of a legal nonconforming sign or structure, or the owner of the property on which it is located, from the provisions of this section regarding safety, maintenance and repair of signs and structures. However, any repainting, cleaning or other normal maintenance or repair hereof shall not modify the sign structure or copy in any way which makes it more nonconforming.

The foregoing provisions of this chapter shall apply to structures and uses hereafter becoming nonconforming as a result of future reclassification of districts or other amendments to this title.