It is necessary and consistent with the establishment of the zoning districts that nonconforming uses, buildings and structures which substantially and adversely affect the orderly development and taxable value of other property in the district be regulated.

Any nonconforming use, building or structure use, or lot which existed lawfully as of March, 1952 and has obtained a certificate of registration of a nonconforming use from the village, pursuant to the rules set forth in this section 5, may be continued subject to the regulations of this section 5.

(Ord. No. 2005-18, § 1, 1-3-2006)

All owners of property, either land or structure, which is nonconforming under the zoning code or any subsequent zoning code and who desire to continue to use the nonconforming area shall apply to the village for a certificate of registration of a nonconforming property. The village shall grant such certificate upon proof of the following, as appropriate to the type of property:

(1)

Verification from the county taxing authority that taxes on the property reflect the nonconforming status. Such proof shall be required in all cases of multi-family dwellings.

(2)

Verification of one garbage container and one recyclables container per unit and payment of the appropriate fees on an annual basis.

(3)

Verification of separate electricity, gas and water meters for each dwelling unit.

(4)

Verification that a member of the village building department has inspected the property and deemed the fire exits, smoke alarms and carbon monoxide detectors in compliance with the current BOCA regulations and that all other safety requirements under state law and village code are satisfied.

The owner of a nonconforming structure shall annually renew the certificate with the village building department and remit all applicable fees. Failure to maintain the required standards and annually renew the certificate shall result in the loss of legal nonconforming status, at which point the structure shall be required to abide by current zoning rules and regulations. For multi-family units, the loss of legal nonconforming status shall require the immediate removal of all additional utility meters (electricity, gas, and water).

All legal nonconforming land and structures shall meet the requirements of this section by May 30, 2006 or six months from the date of adoption of this section, which ever is sooner. Failure to meet these requirements shall result in the immediate loss of nonconforming status.

(Ord. No. 2005-18, § 2, 1-3-2006)

Any lot in a single ownership, which ownership was of record at the time of the adoption of this comprehensive ordinance, that does not meet the requirements of this ordinance as to area and lot width which is located in a residential district, may be utilized for single-family residence purposes, provided that it qualifies under all other regulations. This ordinance shall not be interpreted to reduce the buildable width of the corner lot or a corner lot and adjoining lot in single ownership subdivided and recorded by law at the time of the passage of this ordinance, to less than 35 feet.

(Ord. No. 2002-11, 10-1-2002)

(a)

Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to a 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. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement.

(b)

A nonconforming building which is nonconforming as to bulk, or 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 and use thereof, including all additions and enlargements thereto, are made to conform to all the regulations of the district in which it is located.

(c)

Any building or structure which does not conform to all of the regulations of the district in which it is located shall not be moved in whole or in part to any other location on the lot unless every portion of such moved structure, and the use thereof, are made to conform to all the regulations of the district in which it is located.

(d)

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 shall exceed 50 percent of the cost of restoration of the entire building new, shall not be restored and the use thereof shall conform to all the regulations of the district in which it is located. In the event such damage or destruction is less than 50 percent of the cost of restoration of the entire building 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.

Notwithstanding the provisions of this subsection d. as set forth in the first paragraph hereof, said provisions shall not apply to the structures on the west side of South Maple Avenue between 43rd Street and 44th Street, as these two unit residential buildings were permitted to be so constructed in a single family residential area under the Zoning Code and these were originally constructed, not modified, as two unit nonconforming residential structures. Accordingly, in the event of destruction or damage exceeding 50 percent of the value of the structures as hereinabove set forth in the first paragraph of this subsection d., said structures shall be rebuilt or repaired into the same structure and none other. All of said structures are required to have the following for each of the two living units:

One garbage container

One recycling container

Separate electric meters

Separate gas meters

Provided further that within 90 days from the effective date of this section, each two unit structure in the affected area on the west side of South Maple Avenue between 43rd Street and 44th Street, shall be inspected by the Village of Stickney Building Inspectors to determine and verify that each unit is in compliance with the required number of fire exits, smoke detectors/alarms and carbon monoxide detectors/alarms. Such inspections shall also occur in the event of any rebuilding or repair caused by destruction or damage of the structures to the extent provided above.

(Ord. No. 2007-12, § 1, 11-6-2007)

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 which is permitted in the district in which it is located, may be continued subject to the following provisions:

(a)

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.

(b)

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 three consecutive 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 are located. The provisions of this paragraph shall not apply to any building located in a single-family district which is a nonconforming use because it contains two dwellings.

(c)

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)

A building, structure or portion thereof, all or substantially all of which is not permitted in the district in which it is located and which is or hereafter becomes vacant and remains unoccupied or is now used for a continued period of three months, 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. The provisions of this paragraph shall not apply to any building located in a single-family district which is a nonconforming use because it contains two dwellings.

(e)

The nonconforming use of a part of a 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, may be extended throughout the building or structure in which said 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.

Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this ordinance, and provided that the construction is begun within six months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of the building permit which has been issued and may upon completion be occupied for the use for which originally designed subject thereafter to the provisions of this chapter. This section shall also control building permits lawfully issued prior to any amendment to this ordinance.

A special use permit must be issued in accordance with the provisions set forth in this ordinance for any expansion or major alteration of any existing legal special use.

If a special use ceases for a period of more than one year, special use permits shall be void.

Any lawful existing special use which is made unlawful as a result of an amendment to this ordinance shall be considered a legal nonconforming use and shall be subject to the applicable nonconforming; use provisions of this chapter [section 5].