The purpose of this article is to provide for the regulation and short-term maintenance of those nonconforming structures, uses and lots which substantially and adversely affect the orderly development and taxable value of other conforming property in each district. Further, this article provides for the gradual amortization of nonconforming commercial and industrial structures and uses by specifying the circumstances and conditions under which nonconforming structures, uses and lots shall be permitted or abated. Underlying these regulations is the goal to avoid placing an undue burden on any single property owner, in accordance with the authority granted by Illinois State statutes.

(Ord. No. 21-5231, § 2, 4-12-2021)

Whenever a lawfully existing structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the manner hereinafter specified, the structure and use thereof shall be exempt from the requirements of subsections 110-82(b) and (c) and section 110-83, additional regulations, standards and criteria, as follows:

(1)

Any residential structure in any zoning district used for single-family purposes that is nonconforming as to use or any bulk, yard or area requirements, provided no such structure shall be altered in any way so as to increase the condition creating the nonconformity.

(2)

In any business or manufacturing district, where the use is closer to a residential district than that allowed in the regulations for the zoning district in which it is located.

(3)

In any zoning district where a legally established structure, use or lot is nonconforming with respect to the parking, loading, or lot area required in the zoning district in which it is located.

(4)

In any residential zoning district where an accessory structure is nonconforming with respect to the yard, lot area, lot width, or structure height required in the district in which it is located.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Prohibition of unlawful uses and structures. Nothing in this article shall be interpreted as authorization for the continuation of the use of a structure or land or the maintenance and reconstruction of a structure established unlawfully in violation of the zoning regulations in effect at the time of the establishment of such use or structure.

(b)

Authority to continue nonconforming lots, structures and uses. Any nonconforming lot, structure or use which was nonconforming at the time of the adoption of the ordinance from which this article is derived and which remains nonconforming, and any lot, structure or use which shall become nonconforming upon the adoption of the ordinance from which this article is derived or of any subsequent amendments thereto, may be continued, subject to the regulations of this article. For the purpose of this article, the term "structure" means anything erected which requires location on the ground or is attached to something having location on the ground.

(c)

Enlargement or expansion of nonconforming structures and uses. A nonconforming use of land or nonconforming structure or nonconforming use of a structure shall not be added to, enlarged or expanded.

(d)

Maintenance and repair of nonconforming structures. Normal maintenance and incidental repair or replacement of fencing, nonbearing walls and partitions, fixtures, wiring, plumbing, parking, landscaping and mechanical equipment may be performed on any nonconforming lot or structure. Nothing in this article shall be deemed to prevent the strengthening or restoration of an unsafe structure in accordance with any order of a public official charged with protecting public safety who finds such structure is unsafe in its then-present condition and that repair or restoration is not in violation of the provisions of this article governing the restoration of partially damaged or destroyed structures and accessory structures.

(e)

Accessory structures and uses. Except with respect to lots used for single-family residential purposes, no new accessory structures or uses may be added. For lots containing nonconforming single-family residential uses and/or structures, new accessory structures may be added so long as such structures shall not increase the degree of nonconformity or create a new nonconformity.

(f)

Previous nonconforming lots, structures and uses. Any legally existing nonconforming lot, structure or use which existed prior to the effective date of the ordinance from which this article is derived which is made lawful and conforming as a result of the provisions of this chapter shall be considered as conforming.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Nonconforming lots.

(1)

Continuation of substandard lots of record. In any zoning district, notwithstanding the regulations imposed by any other provision of this chapter, a structure may be erected on a lot which complies with the restrictions of subsection (a)(2) of this section and:

a.

Has less than the required minimum lot area, width or depth, or all three;

b.

Consists entirely and singularly of one zoning lot;

c.

Is shown by a recorded plan or deed to have been owned separately and individually from adjoining parcels of land at the time when its nonconforming characteristics would not have been prohibited by this chapter; and

d.

Has remained in separate and individual ownership from adjoining parcels of land continuously during the entire time since the creation of such lot became prohibited by this chapter.

(2)

Yard requirements for nonconforming lots. Construction permitted by subsection (a)(1) of this section shall comply with all the regulations (except lot area, lot width and lot depth) applicable in the zoning district in which the lot is located; provided, however, that a structure shall be placed on the lot so as to provide required yards as established by the terms of this chapter.

(b)

Nonconforming structures.

(1)

Alteration. Any nonconforming structure may be altered or remodeled; provided, however, that no such alteration or remodeling shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or part of the structure, except that, as to structures located on a nonconforming lot, the yard requirements shall be determined by subsection (a)(2) of this section. Nothing in this section shall permit the structural alteration of bearing walls and partitions of a nonconforming structure which is devoted in whole or in part to a nonconforming use, except those structural alterations required by law or those necessary to make the structure and use thereof conform to the regulations of the district in which it is located. No alteration or remodel shall change the footprint of the structure unless the structure is made to conform to this chapter.

(2)

Restoration. In the event a nonconforming structure is destroyed or damaged by fire or other casualty or act of God, such structure may be restored only if the cost of reconstruction to its condition prior to the casualty does not exceed 50 percent of the replacement cost of the entire structure, and provided no restoration or reconstruction shall be undertaken unless it is started within one year from the date of notice by the zoning administrator of this provision or the date of the casualty destruction, whichever is later, and completed within 24 months from the date of the casualty. In the case of residential detached garages fronting an alley, restoration shall only occur on the existing building footprint and to a height and roof pitch similar to the original.

(3)

Relocation. A nonconforming structure shall not be moved in whole or in part to any other location on the same or any other lot unless every portion of said structure and lot is made to conform to all of the regulations of the zoning district into which it is to be relocated.

(4)

Damage or destruction. In the event any nonconforming structure is damaged or destroyed by any means to the extent of more than 50 percent of the cost of replacement of the structure new, such structure shall not be restored unless it and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located, with the exception of detached residential garages fronting onto an alley (section 110-83, additional regulations, standards and criteria).

(5)

Cost. For the purposes of this article, the cost of replacement of a structure destroyed or damaged by a casualty shall be established by the presentation of a certified affidavit of a professional, licensed architect or an MAI (member of the Appraisal Institute) appraiser.

(c)

Nonconforming uses.

(1)

Change of use. A nonconforming use of land or structure shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a nonconforming use of land or a structure has been changed to any permitted use, it shall not thereafter be changed back to a nonconforming use. For purposes of this section, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a conforming use shall have commenced and continued for a period of seven days.

(2)

Alteration. Alterations designed to increase the intensity of a nonconforming use, or to introduce new nonconforming uses, are prohibited. Alterations shall not be made that change the physical footprint of a structure unless such changes conform to the requirements of the chapter.

(3)

Damage or destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed by any means to the extent of more than 50 percent of the cost of replacement of the structure, such structure shall not be restored unless it and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is 50 percent or less of the cost of replacement, no repairs or restoration shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion. In the case of residential detached garages fronting an alley, restoration shall only occur on the existing building footprint.

(4)

Relocation. No nonconforming use of land or structure shall be moved in whole or in part any distance whatsoever to another location on the same lot or any other lot unless such use shall thereafter conform to all regulations of the zoning district in which it is located after so moved.

(5)

Discontinuation or abandonment.

a.

Nonconforming use of land. When a nonconforming use of land not involving a structure or an accessory use to the nonconforming use of land is discontinued or abandoned for a period of 30 consecutive days, such use or accessory use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structures shall comply with the regulations of the zoning district in which such land is located.

b.

Nonconforming use of a structure. The abandonment or discontinuation of any nonconforming use of a structure for a period of 12 months shall terminate any rights conferred by this article to continue such nonconforming use. Any subsequent use or occupancy of such structure shall comply with the regulations of the zoning district in which such land is located.

c.

Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal nonconforming use shall have been ceased or terminated.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Procedures. In accordance with authority granted to municipalities for the elimination of nonconforming uses and structures in 65 ILCS 5/11-13-1, it is hereby declared to be the policy of the city to eliminate said uses and structures. Nothing in this section shall apply to nonconforming structures to which section 110-83(b), additional regulations, standards and criteria, does not apply.

(b)

Elimination of nonconforming structures.

(1)

Any 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 cease or shall be converted to a structure designed or intended for a use permitted in the zoning district in which it is located at the end of its useful life, as determined by the corporate authorities of the city. Nothing in this section shall apply to structures used for residential purposes.

(2)

The city, at any time, and from time to time, by ordinance duly enacted, may:

a.

Acquire, by condemnation, any nonconforming lot or structure, all or substantially all of which is designed or intended for a use not permitted in the zoning district in which it is located;

b.

Remove or demolish all such nonconforming structures so acquired; and

c.

Hold and use such property for public purposes.

No such acquisition by condemnation shall be made until such time as the planning and zoning commission, at the request of the city council or upon its own initiative, has made a study of the area within which such nonconforming structure is located and has filed a written report on such study with the city council.

(c)

Elimination of nonconforming uses of land.

(1)

The nonconforming use of land shall cease ten years from the effective date of the ordinance from which this article is derived in each of the following cases:

a.

Where no structures are employed in connection with such use;

b.

Where the only structures or other physical improvements employed are accessory or incidental to such use or have an assessed valuation of less than $2,000.00; or

c.

Where such is maintained in connection with a conforming structure, except that inadequate off-street parking facilities used in connection with a structure whose use complies with the requirements of the zoning district in which it is located, may be continued for so long as the benefited premises are used for a permitted use.

(2)

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

(3)

Nothing in this article shall require the elimination of a nonconforming use of land for residential purposes.

(Ord. No. 21-5231, § 2, 4-12-2021)