This ordinance establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

The purpose of this article is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue.

Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this ordinance and which remains nonconforming, and any such building, structure, or use which shall become nonconforming upon the adoption of this ordinance, or of any subsequent amendments thereto, may be continued subject to the regulations which follow.

Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this section 25-6-3.

So long as a building, structure, advertising sign, or business sign is used or is eligible for use in a nonconforming manner, only ordinary repairs and maintenance, including replacement of roof covering and veneering of outer walls, shall be permitted. In no case shall such repairs include structural alterations, or other work which will extend appreciably the normal life of the building, structure, advertising sign, or business sign.

For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure, except as hereinabove provided.

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

Any building or structure devoted to a nonconforming use which may be destroyed or damaged by fire or otherwise which requires reconstruction or repairs which are valued at fifty percent (50%) or more of the market value of the building before it was damaged or replaced, shall not be repaired or rebuilt, and no building or structure shall be hereafter erected and used upon any land devoted to a nonconforming use, except in conformity with the regulations of this ordinance.

If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of six (6) months, it shall not be renewed, and any subsequent use of the buildings, structure, or premises shall conform to the use regulations of the district in which such building, structure, or premises is located.

   A.   Building Or Structure: A nonconforming use occupying a part of a building or structure may be extended only throughout that part of the building or structure originally designed for such use, but in no case shall an addition be made which will provide for an expansion of the nonconforming use. A use customarily incidental to a residence shall not expand beyond an area that is clearly incidental to the amount used for residence. A nonconforming use of land shall not be expanded beyond the area actually so used at the time of the passage of this ordinance, or at the time, of a later amendment creating the nonconformity.

   B.   Land: 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, shall not be expanded or extended beyond the area it occupies.

   A.   Building Or Structure: A nonconforming use may be changed to another nonconforming use of the same or higher classification, provided the provisions of subsection B of this section relating to expansion are complied with, or nonconforming use may be changed to a conforming use. In neither case, however, shall a change in use again be made to one of lower classification.

   B.   Land: 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, shall not be changed to any other use, except to a use permitted in the district in which the land is located. (Ord. 88-62, 5-10-1988; Ord. 97-240, 9-9-1997)

In any district, any building or structure, all or substantially all of which is designed or intended for a use allowed only in a less restricted district, and any nonconforming sign in any zoning district, shall be removed or shall be altered, remodeled or converted for a permitted use within six (6) months after the amortization period of such building or structure, which is hereby established and set forth below:

   A.   Full fair cash value of buildings or structures of five thousand dollars ($5,000.00) or less as appears on the books of the assessor at the time of enforcement proceedings.

Three (3) years from the effective date of this ordinance.

   B.   Full fair cash value of buildings or structures of five thousand one dollars ($5,001.00) to twelve thousand dollars ($12,000.00) as appears on the books of the assessor at the time of enforcement proceedings.

Six (6) years from the effective date of this ordinance.

   C.   The provisions of this section shall not be applicable to any building or structure having a full fair cash value in excess of twelve thousand dollars ($12,000.00) as appears on the books of the assessor at the time of enforcement proceedings.

This section is intended to gradually eliminate inappropriate uses of buildings or structures designed or intended for uses allowed within the district in which it is located, but is not intended to eliminate any use not permitted in the district if such use is appropriate to the design or intent of such building or structure.

In all residential and farming districts, any use of a building or structure, all or substantially all of which is designed or intended for a use permitted only in a residential or farming district, but is being used for a use permitted only in a business or an industrial district, shall be terminated within five (5) years of the effective date of this ordinance.

In all business districts, any use of a building or structure, all or substantially all of which is designed or intended for a use permitted only in a business district, but is being used for a use permitted only in a residential or an industrial district, shall be terminated within ten (10) years of the effective date of this ordinance.

In all industrial districts, any use of a building or structure, all or substantially all of which is designed or intended for a use permitted only in an industrial district, but is being used for a use permitted only in a residential or a business district, shall be terminated within fifteen (15) years of the effective date of this ordinance.

The nonconforming use of land shall be discontinued and cease three (3) years after March 9, 1976, in each of the following cases:

   A.   Where no buildings or structures are employed in connection with such use.

   B.   When the only buildings or structures or other physical improvements are accessory or incidental to such use.

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

   D.   Improvements under ground or substantially at ground level, which comprise all or substantially all of the improvements employed in a nonconforming use of land, and which have a full fair cash value of five thousand dollars ($5,000.00) or less, as it appears on books of the assessor at the time of enforcement proceedings, shall be deemed a nonconforming structure and shall be subject to the applicable provisions of this article.

The provisions of this section 25-6-5 shall not be applicable to any nonconforming use associated with any building or structure, a substantial portion of which is designed or intended for such a nonconforming use regardless of the district in which such building or structure is located. (Ord. 82-66, 5-11-1982)

All nonconforming uses shall conform to the performance and protective standards, including, but not limited to, screening, noise levels, air pollution and vibration levels, within a period of one year after the effective date of this ordinance.

Any airport, restricted landing area, or heliport lawfully in existence prior to the passage date hereof, which does not conform to the applicable provisions of sections 25-5-13 and 25-8-1-2, and article XIII of this chapter shall be deemed nonconforming, but shall be allowed to continue subject to the provisions of section 25-6-3 of this chapter and this section.

Notwithstanding the provisions of subsections 25-5-13-1A and B of this chapter, no public use airport, restricted landing field, private landing strip or any other area designated as a restricted landing area by the Illinois department of transportation, division of aeronautics shall be rendered nonconforming by municipal annexation or unincorporated residential development subsequent to the passage date hereof.

   A.   Certificate Of Nonconforming Aviation Use:

      1.   The state certificate holder of any restricted landing field, private landing strip or heliport which does not conform with the provisions of this section regulating aviation uses shall apply for a "certificate of nonconforming aviation use" within sixty (60) days of the enactment date hereof.

      2.   Such application shall be made to the zoning enforcement officer, shall be verified by affidavit and shall describe in detail or provide:

         a.   The specific uses made of the premises;

         b.   The number of aircraft based thereon;

         c.   Whether the aircraft so based are in hangar facilities or tie down facilities; and

         d.   The time such use has continued.

      3.   Failure to comply with the requirements of this section shall automatically suspend the nonconforming use until such time as there is compliance with the provisions of this section.

      4.   Upon compliance with the terms of this section a certificate of nonconforming aviation use shall issue.

   B.   Increased Intensity Or Volume Of Nonconforming Airport Use: A nonconforming use as restricted landing area shall not be intensified by increasing the number of aircraft based at such restricted landing area. The number of aircraft to be housed in hangars lawfully under construction at the enactment date hereof shall be included in the number of aircraft based at a nonconforming restricted landing area for purposes of this subsection. (Ord. 80-37, § 4, 3-13-1980)

The zoning enforcing officer shall make and keep a record, including photographs, of all buildings, structures and land uses which do not conform to the use regulations of the districts in which they are located.