The purpose of this section is to provide for the regulation of non-conforming uses, buildings, and structures, and to specify those circumstances and conditions under which those non-conforming buildings, structures, and uses may be gradually eliminated upon reaching the end of their respective normal useful life, in accordance with the authority granted by the Illinois Statutes.

Any non-conforming building, structure or use which existed lawfully at the time of the adoption of this ordinance and which remains non-conforming, and any such building, structure, or use which shall become non-conforming upon the adoption of this ordinance or any subsequent amendment thereto, may be continued only in accordance with the following regulations.

10.2(1) Repairs and alterations. Normal maintenance of a building or other structure containing a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.

No structural alterations shall be made in a building or other structure containing a non-conforming use, except in the following situations:

10.2(1)(a) When an alteration is required by law.

10.2(1)(b) When the alteration will actually result in eliminating the non-conforming use.

10.2(1)(c) When a building in a residential district containing residential non-conforming uses may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.

10.2(2) Additions and enlargements.

10.2(2)(a) A non-conforming 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 regulations of the district in which it is located.

10.2(2)(b) No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.

10.2(2)(c) A building or structure which is non-conforming with respect to yards 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 non-conforming use with respect to the bulk regulations of the district in which it is located.

10.2(3) Moving. No non-conforming 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 district in which the moved building is to be located.

10.2(4) Restoration of damaged non-conforming buildings or structures:

10.2(4)(a) Where the cost of restoration of a non-conforming structure damaged due to fire or other casualty will exceed 50 percent of the total current value, then said building shall not be restored unless it will conform to all the regulations of the district in which it is located. The validity of any existing variation granted to said structure shall not be impaired.

10.2(4)(b) If the damage is less than 50 percent of the current value, the structure may be restored to its original condition and the occupancy may be continued.

10.2(4)(c) If the provision of subsection (b), immediately above applied [applies], repair on the damaged structure shall be started within six months from the date of damage and be diligently prosecuted to completion. The village president and board of trustees may extend this six months, but no longer.

10.2(5) Discontinuance of use in non-conforming building or structure. A non-conforming building or structure, or portion thereof which is abandoned and remains unoccupied or is not used for a continuous period of six months, shall not thereafter be occupied or used, except by a use which conforms to the use regulations of the district in which it is located.

10.2(6) Changes of use in non-conforming building or structure. The non-conforming 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; however, once a use is changed to a conforming use, such building or structure shall not thereafter be used for a non-conforming use or purpose.

10.2(7) Non-conforming use of conforming buildings or structures. The existing non-conforming use of a part or all of a conforming building or structure may be continued subject to the following provisions:

10.2(7)(a) The non-conforming 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 non-conforming use.

10.2(7)(b) If a non-conforming 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.

10.2(7)(c) Any adult use of property located in any residence district or in a B-2 planned shopping center district shall be eliminated within four months of the effective date of this ordinance. Any request for extension not to exceed two months, shall be made before the president and board of trustees, and shall be granted only upon a showing of good cause and financial hardship.

10.2(7)(d) Any adult use of property located in any B-1 general business district shall be eliminated within six months of the effective date of this ordinance. Any request for extension, not to exceed three months, shall be made before the president and board of trustees, and shall be granted only upon a showing of good cause and financial hardship.

10.2(7)(e) Any adult use of property located in an industrial district which is non-conforming under section 3.18(4) hereof shall be eliminated within 12 months of the effective date of this ordinance, or shall come into full compliance within said period of time.

The non-conforming 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:

10.3(1) Such non-conforming use shall not be expanded or extended beyond the area it occupies.

10.3(2) If such a non-conforming 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.

10.3(3) No non-conforming use of land shall be changed to another non-conforming use.

10.3(4) Where the non-conforming use of land is accessory to the non-conforming use of a building or structure, it shall be discontinued on the same date on which the non-conforming use of the building or structure is discontinued. A prior platted lot shall not be construed to be a non-conforming use of the land.

10.3(5) All legal non-conforming contractors yards, yards for the storage of contractor's equipment, storage yards, yards for the storage of vehicles, yards for the storage of trailers and off street parking areas or lots located within any manufacturing, residential or industrial district shall be removed or converted to a permitted use on or before March 1, 2002.

(Ord. No. 97-05, § 1, 1-27-1997)