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 those nonconforming buildings, structures, and uses shall be gradually eliminated upon reaching the end of their respective normal useful life, in accordance with the authority granted by 65 Illinois Compiled Statutes 5/11-13-17. (1990 Code §21.11.010; amd. 2011 Code)

Any nonconforming building, structure, or use which existed lawfully at 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 hereto, may be continued, some indefinitely, others for specified and respective periods of time, subject to the regulations of this title. (1990 Code §21.11.020)

   A.   No building, structure, or use, lawfully established on the effective date hereof, shall be subject to the amortization provisions of this chapter solely by reason of being nonconforming with respect to the standards prescribed in this chapter for any of the following:

      1.   Floor area ratio.

      2.   Yards, front, side, rear, or transitional.

      3.   Lot area per dwelling unit.

      4.   Lot width.

      5.   Ground floor area per dwelling.

      6.   Gross floor area.

      7.   Building height.

      8.   Off street parking or off street loading spaces.

      9.   Performance standards.

   B.   No building, structure, or use, lawfully established on the effective date hereof, and located in any industrial district, shall be subject to the amortization provisions of this chapter. No building, structure, or use, lawfully established on the effective date hereof, and located in any industrial district, shall be considered nonconforming solely by reason of being nonconforming with respect to off street loading berths being located in a front yard or a side yard adjoining a street, and with respect to such off street loading berths being less than fifty feet (50') in length but not less than twenty seven feet (27') in length.

   C.   No building, structure, or use, located in a business district, shall be subject to the amortization provisions of this chapter if it is a permitted building, structure, or use in any business district.

   D.   No dwelling or dwelling unit, lawfully existing on the effective date hereof, shall be subject to the amortization provisions of this chapter.

   E.   For the purposes of this chapter, a building or structure, lawfully constructed or established on the effective date hereof, shall be deemed to include any building or structure for which a building permit has been lawfully issued prior to such date, and on which construction is begun within the required period of time as set forth in this title. (1990 Code §21.11.030)

Any lawfully existing building or structure, which does not conform with the regulations of the district in which it is located, shall be subject to the following provisions:

   A.   Repairs And Alterations: 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. For the purpose of this chapter, ordinary repairs, as determined by the building commissioner, shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement.

   B.   Additions And Enlargements:

      1.   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.

      2.   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.

   C.   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. (1990 Code §21.11.040)

   D.   Restoration Of Damaged 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 or act of nature to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed fifty percent (50%) of the cost of restoration of the entire building or structure new, shall not be restored unless said 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 fifty percent (50%) 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. (1990 Code §21.11.040; amd. 2011 Code)

   E.   Discontinuance Of Use: 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 which thereafter becomes vacant and remains unoccupied, or is not used for a continuous period of one hundred eighty (180) days, 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. (1990 Code §21.11.040)

   F.   Expansion Of Use: The nonconforming use of a part of a building or structure in which said use is presently located, shall be permitted to continue, 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. (1990 Code §21.11.040; amd. 2011 Code)

   G.   Change Of Use: The nonconforming use of a building or structure may be changed to a use permitted in the district in which the building or structure is located, 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.

   H.   Elimination Of Nonconforming Buildings And Structures: Any 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 be removed and its use thereafter shall cease, or shall be converted to a building or structure designed or intended for a use permitted in the district in which it is located, in accordance with the following conditions and amortization schedules:

      1.   In all residence districts, any building or structure, all or substantially all of which is designed or intended for a use permitted only in a business or industrial district, shall be removed or it shall be altered and converted to a building or structure designed for a use permitted in the district in which it is located within six (6) months after the termination of the respective period of time as set forth in subsection H2 of this section. (1990 Code §21.11.040)

      2.   Any building or structure which is located in the C-1 general commercial district, and which is designed or intended for a use permitted only in industrial districts, shall be removed or shall be altered, remodeled, or converted for a permitted use within six (6) months after the termination of the life of such building or structure, which is established in accordance with the respective amortization period set forth in the following: (1990 Code §21.11.040; amd. 2011 Code)

         a.   Assessed valuation more than five thousand dollars ($5,000.00) 1 , in accordance with the types of construction classifications set forth in the building code of the village:

            (1)   Fireproof construction and noncombustible construction, forty (40) years from date of building permit or twenty five (25) years from the effective date hereof, whichever last occurs.

            (2)   Exterior masonry wall construction, thirty (30) years from date of building permit or twenty (20) years from the effective date hereof, whichever last occurs.

            (3)   Frame construction, twenty (20) years from date of building permit or ten (10) years from the effective date hereof, whichever last occurs.

         b.   Assessed valuation at least two thousand dollars ($2,000.00) 1 , but not more than five thousand dollars ($5,000.00) 2 , eight (8) years from date of building permit or four (4) years from the effective date hereof, whichever last occurs.

         c.   Assessed valuation under two thousand dollars ($2,000.00) 3 , four (4) years from date of building permit or two (2) years from the effective date hereof, whichever last occurs.

      3.   The nonconforming use of a building or structure shall be terminated at the end of the amortization period of said building or structure, as set forth in this subsection, and shall not thereafter be operated on the premises. (1990 Code §21.11.040)

   A.   The village, at any time and from time to time by ordinance duly enacted and in accordance with the authority vested in it by 65 Illinois Compiled Statutes, may:

      1.   Acquire, by purchase, condemnation or otherwise, any buildings or structures which do not conform to the standards fixed by the village pursuant to 65 Illinois Compiled Statutes and all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures; (1990 Code §21.11.050; amd. 2011 Code)

      2.   Remove or demolish all nonconforming buildings or structures so acquired;

      3.   Hold and use any remaining property for public purposes; and

      4.   Sell, lease, or exchange such property as is not required for public purposes, subject to the provisions of this title or of any amendment hereto.

   B.   No such acquisition by condemnation shall be made until such time as the planning and zoning commission, at the request of the village board or upon its own initiative, shall have made a study of the area within which such nonconforming building or structure is located, and shall have filed a written report on such study with the village board. (1990 Code §21.11.050)

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:

   A.   Expansion: 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, nor changed to any other nonconforming use.

   B.   Discontinuance: 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 ninety (90) days, 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.

   C.   Change: 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.

   D.   Elimination: In all residence districts, any use which lawfully existed at the effective date hereof, but is permitted only in a business or industrial 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 five (5) years from the effective date hereof. (1990 Code §21.11.060)

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:

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

   B.   Discontinuance: If a nonconforming use of land is discontinued for a period of six (6) consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.

   C.   Change: A nonconforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.

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

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

      2.   Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use and have an assessed valuation of not more than two thousand dollars ($2,000.00), discontinued within two (2) years.

      3.   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 and which have an assessed valuation of more than two thousand dollars ($2,000.00), discontinued within five (5) years.

      4.   Where a nonconforming use of land is accessory to the nonconforming use of a building or structure, discontinued on the same date on which the nonconforming use of the building or structure is discontinued. (1990 Code §21.11.070)