Within the districts established by this title, there exist lots, structures and uses of land and structures which were lawful before the effective date hereof but which would be prohibited under the terms of this title. (Ord. 2013-1393, 10-8-2013)

Where, at the effective date hereof, lawful use of land exists that is made no longer permissible under the terms of this title, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied by such use at the effective date hereof.

   B.   No such nonconforming use shall be moved in whole or in part to any other portions of the lot or parcel occupied by such use at the effective date hereof.

   C.   If any such nonconforming use of land ceases for any reason for a period of one year or more, any subsequent use of such land shall conform to the regulations specified in this title for the district in which such land is located.

   D.   All non-conforming uses of land for which a notice of discontinuation has been delivered as authorized by section 8 of this chapter shall be terminated in accordance with the terms of such notice. (Ord. 740, 4-7-1970; amd. Ord. 2022-1679, 6-7-2022)

Where a lawful structure, other than a sign or billboard, exists at the effective date hereof that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such structure may be enlarged or altered in a way which increases its nonconformity.

   B.   Should such a structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this title. A building designed for a nonconforming use, however, may be constructed or altered beyond the limitations herein provided by action of the board of appeals, after a public hearing, as required by law in case of variances. (Ord. 740, 4-7-1970)

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date hereof that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.

   B.   Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the effective date hereof or of an amendment hereto, but no such use shall be extended to occupy any land outside such building.

   C.   If a nonconforming use has been discontinued for a period of one year or more, it shall not be reestablished, unless the nonconforming use was in a building designed, arranged and intended for such use.

   D.   Any structure, or structure and land in combination, on which or in which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

   E.   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months, the structure, or structures and premises in combination, shall not thereafter be used, except in conformance with the regulations of the district in which it is located.

   F.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

   G.   All non-conforming uses of a structure for which a notice of discontinuation has been delivered as authorized by section 8 of this chapter shall be terminated in accordance with the terms of such notice. (Ord. 740, 4-7-1970; amd. Ord. 2022-1679, 6-7-2022)

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use shall not be substituted or added to another nonconforming use. This section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of district under this title or any subsequent changes in the regulations of this title. (Ord. 740, 4-7-1970)

   A.   On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent (10%) of the current replacement value of the building; provided, that the cubical content of the building as it existed at the effective date hereof or an amendment hereto shall not be increased.

   B.   Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any village official charged with protecting the public safety, upon the order of such official. (Ord. 740, 4-7-1970)

   A.   The following nonconforming structures and uses shall be discontinued and/or removed after delivery of a notice of discontinuation in accordance with the terms of the notice:

      1.   Any nonconforming use which is conducted primarily on open land and does not utilize any permanent enclosed structure or where the only structures employed are accessory or incidental to such use.

      2.   Any nonconforming structure having an assessed value not exceeding $1,500.00 on the date of the delivery of the notice of discontinuation.

      3.   Any nonconforming permitted or special automotive use subject to the following conditions:

         a.   Any structure utilized in conjunction with an automotive use discontinued under authority of this section may, after discontinuation of the automotive use, be alternately utilized for the storage, production, fabrication, servicing, assembly and processing of goods and materials conducted wholly within and fully enclosed by the structure.

         b.   Any structure formerly utilized in conjunction with a discontinued automotive use but thereafter devoted to an alternate use as authorized by subsection a. immediately above, which structure is a nonconforming structure as defined by this title shall be subject to the limitations on enlargement, modification or reconstruction of nonconforming structures otherwise set forth in this title.

   B.   The Village Board may at any time after identification of a nonconforming use or nonconforming structure eligible for discontinuation under the provisions of this section 10-10-7 direct the Village Administrator or such other person as the Village Board may identify to deliver a notice of discontinuation to the owner(s) of record of the lot or lots upon which a nonconforming structure and/or use is located. Any such notice shall identify the lot or lots subject to the notice, the use to be discontinued, any structure directed to be removed, the deadline for discontinuation of the use or removal of the structure and such other information deemed necessary or useful by the Village Board. The notice of discontinuation shall be served either personally or by certified mail to the owner(s) of record of the affected parcel. In addition, the notice of discontinuation may be recorded in the office of the Peoria County Recorder of Deeds.

   C.   Except as provided in subsection D immediately below, the deadline for discontinuation of a nonconforming use or removal of a nonconforming structure set forth in a notice of discontinuation shall be two years from date the notice is delivered in the manner hereinabove set forth.

   D.   If a nonconforming use eligible for discontinuation under this section 10-10-7 has been operated in violation of any applicable federal, state or local law, regulation or ordinance on a consistent basis over a period of at least one year, the deadline for discontinuation of the nonconforming use shall be six months after delivery of the notice of discontinuation.

   E.   It shall be unlawful for any person to continue a nonconforming use identified in a notice of discontinuation after the deadline established in such notice. It shall be unlawful for the owner(s) of any nonconforming structure identified in a notice of discontinuation to fail to remove such nonconforming structure by the deadline established in such notice. (Ord. 2022-1679, 6-7-2022)