A.

Purpose. The purpose of this chapter is to establish regulations for nonconforming uses, buildings, lots, and/or structures and specify the circumstances and conditions under which those nonconforming uses, buildings, lots, and/or structures must adhere to such regulations.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Authority to Continue. Unless otherwise prohibited in this title, any nonconforming use, building, lot, and/or structure which existed lawfully at the time of the adoption of this title and which remains nonconforming, and any such use, building, lot, and/or structure which has become nonconforming upon the adoption of this title or of any subsequent amendments, may be continued subject to the provisions of this chapter so long as it remains otherwise lawful.

B.

Safety Regulations. All safety regulations, including, but not limited to, building, fire, and health, shall apply to nonconforming buildings and structures.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

This section regulates land, buildings, or structures that, on the effective date of this title are used for purposes that are not permitted in the zoning district in which they are located.

A.

Ordinary Repairs and Maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any building or structure that is devoted in whole or in part to a nonconforming use.

B.

Expansion of Use. A nonconforming use of land, buildings, or structures shall not be expanded, extended, enlarged or increased in intensity. Such prohibited activity shall include, without limitation:

1.

Any extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this title;

2.

The expansion of any building or structure devoted entirely to a nonconforming use.

3.

An expansion or extension of a use to any structure, building, or land area not already occupied by the nonconforming use;

4.

An expansion or extension of a use within a building or structure to any part of the floor area not previously occupied by the nonconforming use.

C.

Relocation. A nonconforming use of land, buildings, or structures shall not be relocated in whole, or in part, to any other location on the same lot or parcel, or to any other lot or parcel, unless the use shall conform to all regulations of the zoning district into which it is relocated.

D.

Change of Use. A nonconforming use shall not be changed to any use other than a use allowed within the applicable zoning district. A change of use shall be deemed to occur when an existing nonconforming use has been terminated and an allowed use has commenced. Any change in use in violation of this title shall be deemed an abandonment of the lawfully existing nonconforming use.

E.

Discontinuation or Abandonment.

1.

If a nonconforming use is discontinued for a continuous period of one hundred eighty (180) days, regardless of the intent to resume or not to terminate the use, such use shall be deemed to be abandoned and shall not be reestablished or resumed.

2.

Any subsequent use or occupancy of such land, building, or structure shall comply with all regulations of the zoning district in which such land, building, or structure is located.

3.

The period of such discontinuance caused by government action, natural disaster, or other acts without any contributing fault by the user, shall not be included in calculating the length of discontinuance for this section.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

This section regulates structures that are existing on the effective date of this title that do not conform to the yard, height, lot coverage, floor area ratio or other provisions of this title.

A.

Ordinary Repairs and Maintenance.

1.

Normal maintenance, incidental repair or replacement, and installation or relocation of walls, partitions, fixtures, wiring or plumbing may be performed on any nonconforming building or structure.

2.

No repairs or reconstruction shall be made that would create any new nonconformity, increase the degree of any previously existing nonconformity, or increase the vertical or horizontal bulk of the nonconformity in any manner.

B.

Structural Alterations. No structural alterations shall be performed on any nonconforming structure, except in the following situations:

1.

When the alteration is required by law or is necessary to restore the structure;

2.

When the alteration will result in eliminating or decreasing the nonconformity; and

3.

When the alteration will not create any new nonconformity, increase the degree of any existing nonconformity, or increase the bulk of the structure in any manner.

C.

Additions and Enlargements.

1.

No addition or enlargement shall increase the existing degree of nonconformity of the structure.

D.

Relocation. A nonconforming structure shall not be relocated in whole, or in part, to any other location on the same lot or parcel, or to any other lot or parcel, unless the structure would thereafter conform to all regulations of this title.

E.

Damage or Destruction. When a nonconforming structure is destroyed by any means to an extent exceeding fifty percent (50%) of its gross floor area or replacement value at the time of its destruction, the structure shall not be restored or rebuilt except in conformance with all regulations of the zoning district in which it is located.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

This section regulates lots of record, existing on the effective date of this title, which do not conform with the lot area or lot width requirements for the zoning district in which they are located. No nonconforming lot of record may be improved except in compliance with this section.

A.

Lots of Record Held in Common Ownership.

1.

No portion of the parcel shall be used, transferred, or conveyed which does not meet the lot width and lot area requirements established by this title unless the owner has been granted a variance.

2.

No lot shall be created by subdivision or any other means which does not comply with all provisions of this title unless the owner has been granted a variance in accordance with Section 16.08.005. This provision shall not prevent the division of existing multi-family dwelling units into separate ownership, such as condominiums or fee simple townhomes.

B.

Nonconforming Lots Not Held in Common Ownership. A nonconforming lot not held in common ownership may be improved if a variance is granted.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

The village, at any time, by ordinance duly enacted, and in accordance with the authority vested in it by 65 ILCS 5/11-13-17 and other state and federal laws may acquire by negotiated purchase, by condemnation, or by other means, any buildings or structures that do not conform to the village standards.

B.

The village may acquire, by negotiated purchase, by condemnation, or by any other means, any land which is necessary or appropriate for the rehabilitation or development of any area blighted by substandard buildings or structures.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)