The purpose of this article is to provide for
the regulation of lawfully existing nonconforming lots, buildings,
structures and uses. It is the intent of this Code to allow such nonconformities
to continue, unchanged, but not to encourage their continuance, until
their eventual elimination, either upon the completion of normal useful
life or through the process of amortization, in accordance with the
authority granted by Section 5/11-13-1 of Chapter 65 of the Illinois
Compiled Statutes, 1994.
To avoid undue hardship, nothing in this Code
shall be deemed to require a change in the plans, construction, or
designated use of any building on which actual construction was lawfully
begun prior to the effective date of adoption or amendment of this
Code and on which actual building construction has been carried on
diligently. Actual construction is hereby defined to include the placing
of construction materials in permanent position and fastened in a
permanent manner. Where substantial excavation or demolition or removal
of an existing building has begun preparatory to rebuilding, such
shall be deemed to be actual construction, provided that work shall
be carried on diligently through building construction.
On any lawfully existing lot of record which
does not meet the requirements for the district in which it is located,
with respect to lot area, width, or depth, principal and customary
accessory buildings and structures may be constructed or erected,
subject to the following provisions.
(A) Such allowed construction must meet all building bulk limitations and minimum yard requirements as set forth for the district in which such lot is located. Variance of these limitations and requirements shall only be obtained as provided in Article
VI.
(B) Where two or more lots or combinations of lots and
portions of lots with continuous frontage in single ownership are
of record at the date of this Code or amendment thereof, and if all
or part of the lots do not meet the requirements for lot area, width
and depth, the lands involved shall be considered to be an undivided
parcel for the purposes of this Code. No portion of such lot shall
be sold or divided in a manner which diminishes compliance with the
regulations of this Code.
Any lawfully existing use of land, not involving
any single structure with a replacement cost exceeding $2,500, which
does not conform to the regulations of the district in which it is
located, may be continued provided:
(A) Expansion. No such nonconforming use shall be expanded,
enlarged or increased so as to occupy a greater area of land (or land
and minor structures) than was occupied at the effective date of adoption
or amendment of this Code.
(B) Moving. No such nonconforming use shall be moved,
in whole or in part, to any portion of the premises not occupied by
such use at the date of adoption or amendment of this Code, unless
such move brings the premises into greater conformity with the Code.
(C) Construction. Structural alterations, additions and
enlargements to the existing minor structures, or construction of
any new structures shall be prohibited on any tract of land containing
such nonconforming use.
(D) Discontinuance. If any such nonconforming use of land
is discontinued for a period of six months, for any reason, then any
subsequent use of such land shall conform to all the requirements
of this Code for the district in which it is located.
(E) Change in use. Any such nonconforming use of land
may be changed in another use provided that such new use shall be
equally or more in conformance with the regulations for the district
in which it is located as was the previous use.
(F) Elimination. Any use of land (or land and minor structures)
which lawfully exists at the date of adoption or amendment of this
Code, but which becomes nonconforming by such adoption or amendment,
shall cease within five years from the date of adoption or amendment.
Any subsequent use shall conform to all requirements of the district
in which it is located.
Any lawfully existing use of buildings and structures,
or land and major structures (where the replacement cost of the structure
exceeds $2,500, which use does not conform to the regulations of the
district in which it is located, may be continued provided:
(A) Expansion. No such nonconforming use shall be expanded,
enlarged, or increased so as to occupy a greater area of the building,
structure, or land than was occupied at the effective date of adoption
or amendment of this Code.
(B) Moving. No such nonconforming use shall be moved in
whole or in part, to any portion of the premises not occupied by such
use at the date of adoption or amendment of this Code, unless such
move brings the premises into greater conformity with the Code.
(C) Repairs, alterations and construction. Normal repairs
and maintenance to buildings and structures containing such nonconforming
uses may be made. Structural alterations and construction of additions
and enlargements, or construction of new structures shall be prohibited
until such time as the use of existing structures conforms to the
district in which they are located. Nothing in this Code shall be
deemed to prevent the strengthening or restoring to a safe condition
of any building or structure, or part thereof, declared to be unsafe
by any official charged with protecting the public safety, upon order
of such official.
(D) Restoration of damaged structures. Any structure containing
a nonconforming use which is damaged by any means to an extent of
more than 50% of the cost of replacement at the time of damage shall
not be restored unless said use of structure shall conform to all
the requirements of the district in which it is located. Restoration
of damage less than 50% of the cost of replacement shall be permitted
provided that restoration work starts within 12 months of the date
of damage and is diligently continued through to completion. If restoration
does not begin within one year of the date of damage, the subsequent
restoration shall only be permitted when use of said structure conforms
to all the requirements of the district.
(E) Discontinuance. If any such nonconforming use is discontinued
for a period of one year for any reason, then any subsequent use of
the premises shall conform to all the requirements of this Code for
the district in which it is located.
(F) Change in use. Any such nonconforming use may be changed
to another use provided that such new use shall be equally or more
in conformance with the regulations for the district in which it is
located as was the previous use.
(G) Elimination. Any such nonconforming use shall be required
to be eliminated subject to the following provisions:
(1)
In all residential districts any nonconforming,
nonresidential use which is located in a building, all or substantially
all of which was designed or intended for residential purposes, shall
be entirely discontinued within five years from the date of adoption
or amendment of this Code.
(2)
All other nonconforming uses of structures, or structures and land (where the replacement cost of the structure exceeds $2,500) shall only be required to be eliminated within an amortization period, based on the market value of the structure, which amortization period shall be set at a hearing as provided in Section
40-2-12 of this Code. The amortization period for a structure having a market value not exceeding $5,000 shall be from two to five years. For structures valued over $5,000, the amortization period shall be from five to 25 years. The amortization period begins on the date of the Board action setting the actual length of the period.
(3)
Failure to entirely discontinue the nonconforming
use within the specified time period shall subject the owner and/or
operator of the premises to a fine of not more than $500 per day,
or other court action which the Village deems necessary.
Any structure which lawfully existed at the
date of adoption or amendment of this Code but which does not conform
to the requirements of this Code in terms of setbacks, location on
the lot, height, building bulk or any other requirement concerning
the structure, may be continued subject to the following provisions.
(A) Moving. No such nonconforming structure shall be moved,
in whole or in part, for any distance for any reason, unless such
move brings the premises into greater conformity with the Code.
(B) Repairs, alterations and construction. Normal repair
and maintenance to such nonconforming structures may be made. Structural
alterations and construction of additions and enlargements, or construction
of new structures on the premises shall be prohibited until such alteration
or construction decreases the nonconformity of the structure. Nothing
in this Code shall be deemed to prevent the strengthening or restoring
to a safe condition of any building or part thereof declared to be
unsafe by any official charged with protecting the public safety,
upon order of such official.
(C) Restoration of damage. Any nonconforming structure
which is damaged by any means to an extent of more than 50% of the
cost of replacement at the time of damage shall not be restored unless
the restored structure shall conform to all the requirements of the
district in which it is located. Restoration of damage less than 50%
of the cost of replacement shall be permitted provided that restoration
work starts within 12 months of the date of damage and is diligently
continued through to completion. If restoration does not begin within
12 months of the date of damage, the subsequent restoration shall
be permitted unless the restored structure shall conform to all the
requirements of the district.
(D) Elimination. Any nonconforming structure shall be
required to be eliminated or demolished, or brought into conformity,
subject to the following provisions:
(1)
Signs, temporary structures, and permanent structures
having a replacement cost not exceeding $2,500 shall be required to
be eliminated within two years of the date of adoption or amendment
of this Code.
(2)
Structures having a replacement cost over $2,500 shall be required to be eliminated within an amortization period, based on the market value of the structure, which amortization period shall be set at a hearing as provided in Section
40-2-12 of this Code. The amortization period for a structure having a market value not exceeding $5,000 shall be from two to five years. For structures valued over $5,000, the amortization period shall be from five to 25 years. The amortization period begins on the date of the Board action setting the actual length of the period.
(3)
Failure to eliminate or demolish the nonconforming
structure, or to bring it into conformity, within the specified time
period shall subject the owner of the premises to a fine of not more
than $500 per day, or other court action which the Village deems necessary.
Nonconformities may be resolved or eliminated by variance granted by the Village Board, after public hearing and recommendation of the Plan Commission, as specified in Article
VI of this Code.