The purpose of this chapter is to provide for the regulation of nonconforming uses, buildings, structures and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses may be continued, in accordance with the authority granted by applicable statutes of the state of Illinois. (Ord. 89-13, 5-16-1989)

   A.   Any nonconforming building, structure or use which existed lawfully at the time of adoption of this title, or the zoning ordinance adopted October 17, 1960, as amended, and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of this title or of any subsequent amendments thereto, may be continued subject to the regulations of this chapter.

   B.   The following nonconforming buildings, structures, lots or uses may be continued subject to the conditions set forth in subsections C and D of this section:

      1.   Except in the W5 single-family residence district, any principal residence built on lots of less than one acre prior to the passage of this title shall be zoned as though existing in a W3 single-family residence district;

      2.   Except in the W5 single-family residence district, lots platted prior to October 17, 1960, which are less than one acre in lot area, may be improved subject to meeting all requirements, other than minimum lot area, for the W3 single-family residence district;

      3.   Lots located in the W5 single-family residence district, which were subdivided and improved in the county prior to their annexation to the village in 1989, were zoned by the village in the W1 single-family residence district upon their annexation, were thereafter zoned by the village in the W5 single-family residence district, and are less than one acre in lot area, may be used and improved subject to meeting all requirements, other than minimum lot area, for the W5 single-family residence district, except as provided in subsection C of this section.

   C.   The conditions for the continued use or improvement of certain nonconforming buildings, structures, lots or uses pursuant to subsection B of this section, shall be as follows:

Except for: 1) lots of one acre or more located in the W5 single-family residence district; and 2) unimproved lots of less than one acre located in the W5 single-family residence district, the requirements for ground floor area, front yard, side yard and rear yard for principal and accessory buildings may be reduced by the percentage that the lot upon which the construction will take place is less than the minimum required lot area in the zoning district in which the property is located or deemed to be located, but in no event shall:

      1.   The ground floor be less than one thousand five hundred (1,500) square feet;

      2.   The front yard be less than the average front yard of the principal residences immediately adjacent to the proposed building site, or in the absence of such structures, less than forty feet (40');

      3.   The side yards be less than twenty feet (20');

      4.   The rear yard be less than forty feet (40'); and

      5.   Setbacks for accessory buildings or garages shall not be less than the general requirements of this title for such structures.

   D.   In a historic district, all permitted construction, all materials used for any improvement of a nonconforming building, structure, lot or use, and the establishment of ground floor area, front yard, side yard and rear yard, shall be reviewed and approved by the historic sites commission pursuant to the procedures established in this code. (Ord. 02-03, 4-2-2002)

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.   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.

   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 or 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 removed, and the use thereof is made to conform to all regulations of the district into which it is moved.

   D.   Restoration Of Damaged Nonconforming 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 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.

If the historic sites commission concurs, the owner of a nonconforming building in an historic district may petition the zoning board of appeals for a variation from the requirements of this subsection D.

   E.   Discontinuance Of Use Of Nonconforming Building Or Structure: 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 one hundred eighty (180) 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.

   F.   Expansion Of Use In Nonconforming Building Or Structure: 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.

   G.   Change Of Use In Nonconforming Building Or Structure: 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.

   H.   Elimination Of Nonconforming Use: In all residence districts, any use which lawfully exists at the adoption of this title or at the time of annexation to the village, but is permitted only in a business 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 date of the adoption of this title or such annexation. (Ord. 89-13, 5-16-1989)

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 Of Use: 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 Of Nonconforming Use Of Land: 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 six thousand dollars ($6,000.00), discontinued within two (2) years.

      3.   Where the improvements, underground or substantially at ground level, comprise all or substantially all of the improvements employed in a nonconforming use of land and which have an assessed valuation of more than six thousand dollars ($6,000.00), 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. (Ord. 89-13, 5-16-1989)

The owner or owners of any land upon which a business use is located and which land is subsequently rezoned from the B local shopping center district (or similar zoning classification) to any residence district, and which use conformed to all regulations of the B local shopping center district (or similar zoning classification) as of said rezoning, may, in lieu of the rights conferred by this chapter, petition for a special use permit as set out in section 10-4-7 of this title. (Ord. 97-07, 2-4-1997)