The purpose of this article is to provide for the regulation of nonconforming uses, buildings and 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 ILCS 5/11-13-1.

(Code 1981, § 10-8-1)

Any nonconforming building, structure or use which existed lawfully at the time of the effective date hereof and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the effective date hereof or of any subsequent amendment to this chapter, may be continued only in accordance with the regulations which follow:

(1)

Repairs and alterations prohibited. Ordinary repairs and alterations may be made to a nonconforming building or structure. However, no repairs or alterations, other than ordinary repairs and alterations, shall be made in or to a nonconforming building or structure except (1) to make the building or structure, and use thereof, conform to the regulations of the district in which it is located, or (2) as required by law, or (3) as required for the safety of the existing nonconforming building or structure.

(2)

Additions and enlargements.

a.

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, and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.

b.

A nonconforming building or structure, which is nonconforming only as to bulk, shall not be added to or enlarged in any manner unless such additions and enlargements thereto are made to conform to all regulations of the district in which it is located.

(3)

Moving. No building or structure, which does not conform to all of the regulations of the district in which it is located, shall 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 regulations of the district into which it is moved.

(4)

Restoration of damaged nonconforming building. A building or structure, all or substantially all of which is 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 or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed 50 percent of the cost of restoration of the entire building or structure new, 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. If such damage or destruction does not exceed 50 percent of the cost of restoration of the entire building or structure new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion.

(5)

Discontinuance of use of nonconforming building or structure. A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant, unoccupied and not used on the effective date hereof or thereafter becomes vacant and remains unoccupied, or is not used for a continuous period of one year, 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.

(6)

Expansion of use in nonconforming building or structure. The nonconforming use of a part of a building or structure may be expanded within the building or structure in which the use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.

(7)

Change of use in nonconforming building or structure. The nonconforming use of a building or structure may be changed to any other nonconforming use allowed within the same or a more restrictive zoning district that allows the existing nonconforming use; but 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.

(Code 1981, § 10-8-2; Ord. No. 1213, § 3, 10-28-98)

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:

(1)

Expansion of nonconforming use. 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, or changed to any other nonconforming use.

(2)

Discontinuance of nonconforming use. 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 six months, 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 is located.

(3)

Change of nonconforming use. 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.

(4)

Elimination of certain business uses in residential districts. In all residence districts, any use which lawfully exists on the effective date hereof, but is permitted only in a business district, and which is located in a building, all or substantially all of which is designed or intended for a residential purpose, shall be entirely discontinued and shall thereafter cease operation within two years from such effective date.

(Code 1981, § 10-8-3)

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)

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

(2)

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

(3)

Change of use. A nonconforming use of land may be changed to any other nonconforming use allowed within the same or a more restrictive zoning district that allows the existing nonconforming use.

(4)

Elimination of nonconforming use of land. The nonconforming use of land shall be discontinued and cease in accordance with the following:

a.

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

b.

Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use and have an assessed valuation on the effective date hereof of not more than $2,000.00, such use shall be discontinued within two years.

c.

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 have an assessed valuation on the effective date hereof of more than $2,000.00, such use shall be discontinued within five years.

d.

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

(Code 1981, § 10-8-4)