The regulations of this chapter are intended to provide controls over nonconforming structures and uses and to specify those circumstances and conditions under which certain structures and uses which are deemed incompatible with the character of adjacent property in the district in which they are located and with that of the Village as a whole shall be gradually eliminated in accordance with the authority vested in it by Article 37-11 of Chapter 24 of the Illinois Revised Statutes.
(Ord. 115. Passed 10-23-70.)

Any nonconforming structure or use may be continued subject to the following regulations:

(a)

Repairs and Alterations. Normal repairs and improvements may be made to a nonconforming structure, provided that no structural alterations shall be made in or to such structure, all or substantially all of which is designed and intended for a use not permitted in the district in which it is located, except those required by law or to make the structure and use thereof conform to the regulations of the district in which it is located. The extent of normal repairs and improvements shall be determined by the Manager or his or her designee.

(b)

Enlargement of Nonconforming Structures.

(1)

A nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure.

(2)

A structure which is nonconforming only as to bulk may be enlarged for a use permitted in the district, provided such enlargement conforms to the bulk regulations of the district in which it is located and, further, that the enlargement in no way increases the existing nonconformity.

(c)

Moving. No structure shall be moved, in whole or in part, to any other location unless every portion of such structure and the use thereof is designed and used or intended for a use permitted in the district to which it is moved, and further, that such structure shall be in conformance with the other regulations of such district.

(d)

Restoration of Damaged Nonconforming Structures. A nonconforming structure which is destroyed or damaged by fire, other casualty, act of God or by a public enemy to the extent of fifty (50) percent, or more, of its cost of restoration of the condition in which it was before the occurrence, shall thereafter conform with the regulations of the district in which it is located. In the event such damage or destruction is less than fifty (50) percent of its cost of restoration, no repairs or restoration shall be made unless a building permit is secured and reconstruction is started within one hundred eighty (180) days from the date of the partial destruction and is diligently prosecuted to completion. Determination of the reproduction value shall be made by the Manager or his or her designee.

(e)

Discontinuance of Use of Nonconforming Structures. Where the use of a nonconforming structure has ceased by discontinuance or abandonment on the effective date of this section (Ordinance 115, passed October 23, 1970) or thereafter is abandoned and remains unoccupied or is not used for a continuous period of one hundred eighty (180) days, the lot shall not thereafter be improved except by a conforming structure.
(Ord. 115. Passed 10-23-70; Ord. 477. Passed 1-27-81.)

(f)

Change of Use in Nonconforming Structures. The nonconforming use of a structure may be changed to a use permitted in the district in which the structure is located, or to another more compatible nonconforming use when authorized by the Plan Commission.
(Ord. 240. Passed 1-6-75.)

(g)

Nonconforming Use of Conforming Structures. The existing nonconforming use of a part or all of a conforming structure may be continued subject to the following regulations:

(1)

The nonconforming use of a part of a conforming structure shall not be expanded or extended into any other portion of such structure, or the use of such structure, or part thereof, shall not be changed to any other nonconforming use.

(2)

If a nonconforming use of such a structure is discontinued, or abandoned for a period of one hundred eighty (180) days, it shall not be renewed and any subsequent use of such structure shall conform to the use regulations of the district in which it is located.

(h)

Nonconforming Use of Land. The nonconforming use of land, not involving a principal building, may be continued subject to the following regulations:

(1)

Such nonconforming use of land shall not be expanded or extended on such effective date.

(2)

If such nonconforming use of land is discontinued for a period of one hundred eighty (180) consecutive days, it shall not thereafter be renewed, and any subsequent use of such land shall be by a conforming use.

(3)

A nonconforming use of land shall not be changed to another nonconforming use.

(4)

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

(5)

The outdoor or exposed storage of construction materials in yards shall be discontinued within ten (10) years of such effective date, and within one (1) year such exposure shall be eliminated by fencing or landscape planting.

(i)

Condemnation of Nonconforming Structures. The Village, at any time, and from time to time, by ordinance duly enacted may:

(1)

Acquire by purchase, condemnation or otherwise any nonconforming structure and all land which is necessary or appropriate for the rehabilitation or redevelopment of the area blighted by such nonconforming structure;

(2)

Remove or demolish all such nonconforming 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 regulations of the district in which it is located.

No such acquisition shall be made until such time as the Commission, at the request of the Village Board, 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 Village Board.

(j)

Nonconforming Due to Amendments. The provisions of this chapter shall apply to structures and uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments to this Zoning Code. Amortization periods for the discontinuance of land uses as stipulated in this chapter shall commence on the effective date of the Zoning District Map amendment.
(Ord. 115. Passed 10-23-70; Ord. 516. Passed 1-12-82.)