The purpose of this chapter is to provide for the regulation of uses, buildings, and structures, which were legally established but do not conform to the regulations of this UDO and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be gradually eliminated upon reaching the end of their respective normal useful life, in accordance with the authority granted by Illinois Statutes. (Ord. 23-0-05, 1-23-2023)

Any building, structure, or use which existed lawfully at the time of the adoption of this UDO and at the time of the adoption of the ordinance revising the zoning map of the Village classifying all property in the Village in accordance with these classifications, and which remains or becomes nonconforming by reason of the adoption of this UDO, and/or the revision of the Village zoning map, or because of any subsequent amendment to this UDO or the Village zoning map, may be continued only in accordance with the regulations of this chapter. (Ord. 23-0-05, 1-23-2023)

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 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 of the building or structure conform to the regulations of the district in which it is located. Ordinary repairs and alterations shall not exceed fifty percent (50%) of the assessed value of the building or structure. (Ord. 23-0-05, 1-23-2023)

   (A)   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 of such nonconforming building or structure is made to conform to all the regulations of the district in which it is located.

   (B)   A nonconforming building or structure which is nonconforming only as to bulk, may be added to or enlarged, provided such additions or enlargements conform to all regulations of the district in which it is located. (Ord. 23-0-05, 1-23-2023)

No building or structure shall be moved in whole or in part to any other location, unless every portion of such building or structure, and the use of such building or structure, are made to conform to all regulations of the district in which the building or structure shall be relocated to. (Ord. 23-0-05, 1-23-2023)

   (A)   A building or structure, in whole or in part, 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 total cost of reconstructing the entire building or structure, shall not be restored unless said building or structure and the use of such building or structure shall conform to all regulations of the district in which it is located. Nonconforming buildings or structures containing a conforming single-family detached residential are exempt subject to subsection 1. below.

      1.   Any nonconforming building or structure containing a single-family detached residential use that was legally established, 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 exceeds fifty percent (50%) of the total cost of reconstructing the entire building or structure may be rebuilt to its previous condition if the reconstruction process is initiated with the Village within one (1) year of the damage of destruction.

   (B)   In the event that such damage or destruction is less than fifty percent (50%) of the cost of reconstruction of the entire building or structure, no repairs or construction for restoration shall be made unless such work is started within one (1) year from the date of the partial destruction and is diligently prosecuted to completion. (Ord. 23-0-05, 1-23-2023)

A building or structure, in whole or in part, 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 in which the use has ceased by discontinuance or abandonment, on the effective date of this UDO or is abandoned and remains unoccupied, or is not used for a continuous period of one (1) year, shall not be occupied or used, except by a use which conforms to the use regulations of the district in which it is located. (Ord. 23-0-05, 1-23-2023)

The nonconforming use 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 changed to a use permitted in the district in which the building or structure is located, or the nonconforming uses of a part of which a building may be extended to the remaining parts of the building but no change or extension of use shall extend or otherwise modify any provision made in this UDO for elimination of such nonconforming building or structure and the use of such building or structure. (Ord. 23-0-05, 1-23-2023)

   (A)   Buildings, Structures, Uses: The following nonconforming buildings, structures (including signs), and uses shall be subject to the amortization provisions set forth below:

      1.   In residential districts, any nonconforming principal and/or accessory building or structure, all or substantially all of which is designed and used or intended for a permitted or special use that is allowed only in a business, office/research or light manufacturing district shall be subject to the amortization provisions of this chapter.

      2.   In all other districts, any nonresidential principal and/or accessory building or structure, all or substantially all of which is designed and used or intended for a permitted or special use that is not allowed in that district shall be subject to the amortization provisions of this chapter.

      3.   In all districts, any sign which fails to conform to any requirement of the district in which it is located or fails to meet any of the requirements of Chapter 6 of this UDO, shall be nonconforming and shall be removed in accordance with the amortization provisions of subsection (B) of this Section.

   (B)   Amortization Provisions: All legally established, nonconforming buildings, structures (including signs), and uses as set forth in subsections (A)1, (A)2 and (A)3 of this Section that were nonconforming prior to and remain or become nonconforming upon the adoption of this UDO and any amendments to this UDO, shall be removed and such property shall be used in conformance with the uses and standards permitted in the districts in which they are located within six (6) months after the applicable amortization period as follows:

      1.   Assessed Valuation - More Than Five Thousand Dollars: In accordance with the types of construction classification set forth in the Building Code of the Village of Willowbrook, Illinois:

         (a)   Fireproof construction and noncombustible construction, forty (40) years from the date of original building permit or twenty five (25) years from effective date of this UDO or amendments to this UDO, whichever last occurs.

         (b)   Exterior masonry wall construction, thirty (30) years from the date of original building permit or twenty (20) years from effective date of this UDO or amendments to this UDO, whichever last occurs.

         (c)   Frame construction, twenty five (25) years from date of original building permit or fifteen (15) years from effective date of this UDO or amendments to this UDO, whichever last occurs.

      2.   Assessed Valuation - Not Less Than Two Thousand Dollars But Not More Than Five Thousand Dollars: Ten (10) years from the date of original building permit or five (5) years from effective date of this UDO or any amendments to this UDO, whichever last occurs. Assessed valuations referred to in subsections (B)1 and (B)2 of this Section are the unequalized assessed valuations of improvements of a lot, established for Real Estate Tax purposes, as amended, by DuPage County, Illinois.

      3.   Signs: The Plan Commission shall determine the fair market value of all signs determined to be nonconforming and from time to time existing within the corporate limits of the Village.

         (a)   Should the fair market value of any sign which is nonconforming as of the date of the adoption of this UDO or any amendment to this UDO, be one thousand (1,000) dollars or more, such sign shall be presumed to have a normal useful life for amortization purposes of five (5) years.

         (b)   Should the fair market value of any sign which is nonconforming as of the date of the adoption of this UDO or any amendment to this UDO, be nine hundred ninety nine (999) dollars ninety nine (99) cents or less, such sign shall be presumed to have a normal useful life for amortization purposes of three (3) years. (Ord. 23-0-05, 1-23-2023)

The existing nonconforming use of a part or all of a conforming building or structure may be continued subject to the following provisions:

   (A)   The nonconforming use of a part of such building or structure shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

   (B)   If a nonconforming use of such a building or structure is discontinued or abandoned for a period of six (6) months, it shall not be renewed, and any subsequent use of such building or structure shall conform to the use regulations of the district in which the premises are located.

   (C)   Any lawful nonconforming use in a conforming building or structure existing in a residential district on the effective date of this UDO or any amendments to this UDO but is allowed as a permitted or special use only in a business or office/research or light manufacturing district shall be entirely discontinued within twenty (20) years from the effective date of this UDO or any amendments to this UDO. (Ord. 23-0-05, 1-23-2023)

The nonconforming use of land not involving a building or structure, or in connection with any building or structure on such land, and is incidental or accessory to the principal use of land, may be continued subject to the following provisions:

   (A)   Such nonconforming use shall not be expanded or extended beyond the area it occupies at the effective date of this UDO.

   (B)   If such nonconforming use of land is discontinued or abandoned for a period of six (6) consecutive months, it shall not be renewed, and the use of land shall conform to the regulations of the district in which the land is located.

   (C)   No nonconforming use of land shall be changed to another nonconforming use.

   (D)   The nonconforming use of land shall be discontinued in accordance with the following, except that in R-1, R-2 and R-3 Districts, the allowable term shall be reduced to fifty percent (50%):

      1.   Where no buildings or structures are employed in connection with such use or land, discontinued within one (1) year from the effective date of this UDO or any amendments to this UDO.

      2.   Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use of land and have an assessed valuation of not more than two thousand (2,000) dollars, discontinued within two (2) years from the effective date of this UDO or any amendments to this UDO.

      3.   Where the improvements, underground or substantially at ground level, which comprise all or substantially all of the improvements employed in such use of land and which have an assessed valuation of more than two thousand (2,000) dollars, discontinued within five (5) years from the effective date of this UDO or any amendments to this UDO.

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

   (E)   Assessed valuations referred to in subsections (B)1 and (B)2 of this Section are the unequalized assessed valuations of improvements of a lot, established for Real Estate Tax purposes, as amended, by DuPage County, Illinois. (Ord. 23-0-05, 1-23-2023)