The purpose of this chapter is to provide for the regulation of nonconforming uses, buildings and structures 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 65 Illinois Compiled Statutes 5/11-13-1. (Ord. 2010-04-07, 4-1-2010)

Any lot of record, on the effective date of the enactment hereof, which does not comply with the requirements of the district in which it is located as to area and lot width, may be used for the erection of a building intended for a use permitted in the district in which the lot is located; provided, however, that such building complies with all setback and other applicable requirements of this title. (Ord. 2010-04-07, 4-1-2010)

An existing, nonconforming building or structure which does not comply with the applicable lot size requirements or building standard regulations in the district in which it is located, may be continued except as otherwise permitted by this chapter. Nonconforming buildings and structures shall be subject to the following regulations:

   A.   Enlargement, Repair Or Alteration:

      1.   A nonconforming building or structure may be enlarged, maintained, repaired or structurally altered. No such enlargement, maintenance, repair, or structural alteration shall create either an additional nonconformity or increase the existing nonconformity of all or any part of the building or structure. Damaged or destroyed buildings or structures shall be subject to the restrictions contained in subsection B of this section.

      2.   Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition a building or other structure (other than a damaged or destroyed building or other structure subject to the provisions of subsection B of this section) in accordance with the order of the zoning official who declares such building or other structure to be unsafe and orders its restoration to a safe condition.

   B.   Damage Or Destruction:

      1.   In the event that a nonconforming building or structure is damaged or destroyed to the extent that the cost of restoration shall exceed fifty percent (50%) of the market value of such building or structure, no repairs or reconstruction shall be made unless such restoration or construction shall be made to conform to the regulations for the district in which it is located.

      2.   If such damage or destruction does not exceed fifty percent (50%) of the market value of the building or structure, repairs and restoration must begin within twelve (12) months from the date of the damage or destruction or such restoration shall conform to all the provisions of this title and for the district in which it is located. (Ord. 2010-04-07, 4-1-2010)

When the applicable district regulations do not allow as a permitted use either an existing use of part or all of a building or other structure, or an existing use of land not involving a building or structure, such existing use may be continued except as otherwise permitted by this chapter.

   A.   Change:

      1.   A nonconforming use of a building or other structure, all or substantially all which was designed or intended for a use which is not permitted in the district in which it is located, shall not be changed to any use other than one permitted in the district in which the land is located. When a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to a nonconforming use.

      2.   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 land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.

      3.   A nonconforming use in effect at the time an amendatory ordinance becomes effective shall be discontinued and not reestablished, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is located.

   B.   Discontinuance: In the event that operation of a nonconforming use of land, building or structure is discontinued for twelve (12) months, such a nonconforming use shall not thereafter be reestablished, and any subsequent use or occupancy of such land shall conform to the regulations of the district of which it is located. Intent to resume active operation shall not affect the foregoing restriction. (Ord. 2010-04-07, 4-1-2010)

      1.   Exception: Any kennel, legally in operation and properly registered with the village prior to the adoption of this subsection is permitted to remain by virtue of existing prior to the adoption of said subsection. If the building becomes vacant, unoccupied or not used for a continuous period of one hundred eighty (180) days, they shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which they are located. (Ord. 2011-02-04, 2-17-2011)

   C.   Nonconforming Accessory Uses: No nonconforming accessory use shall continue after the principal use to which it is necessary has been abolished.

      1.   A nonconforming use of land shall not be expanded or extended beyond the area it occupies, provided, however, in the case of a residential use in the town center zoning district, a special use permit allowing such use or the expansion thereof may be granted upon application pursuant to chapter 10 of this title. (Ord. 2010-04-07, 4-1-2010)

   A.   The zoning official shall maintain a system of registration of all nonconforming uses, buildings and structures.

      1.   Such registration system shall include a provision for notifying owners:

         a.   That a particular use, lot size or standards governing a building, structure or parcel of land does not conform to the regulations of the zoning district in which the use, building or structure is located.

         b.   Of the status of a use, building or structure as a nonconformity.

         c.   Of the specific regulations applicable to such nonconforming use, building or structure. (Ord. 2010-04-07, 4-1-2010)

Where a use exists on the date that this title becomes effective and is permitted by this title as a special use in the district in which it is located, such use shall not be deemed a nonconforming use, but shall, without any further action, be deemed a lawful special use in such district. However, no such lawful special use shall be substantially expanded unless a supplemental special use permit is secured in accordance with chapter 10 of this title. (Ord. 2010-04-07, 4-1-2010)