The regulations of this article are intended to provide controls
over nonconforming uses and structures, and to specify those circumstances
and conditions under which those nonconforming structures and uses
may be continued or shall be discontinued when the nonconforming use
ceases by discontinuance or abandonment.
Any structure or use which existed lawfully at the time of the
adoption of this chapter, and which becomes nonconforming upon the
adoption of this chapter or of any subsequent amendment thereto, may
be continued only in accordance with the following regulations:
A.
Repairs and alterations. Ordinary repairs and alterations 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 are 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 structure and use thereof conform to the regulations of the
district in which it is located. Ordinary repairs and alterations
shall be determined by the Building Inspector and shall include, among
other things, the replacement of storage tanks where the safety of
operations of the installation required such replacement.
B.
Additions and enlargements.
(1)
A nonconforming 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 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 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.
C.
Moving. No nonconforming structure shall be moved in whole or in
part to any location unless every portion of such structure, and the
use thereof, is made to conform to all regulations of the district
in which the moved structure is to be located.
D.
Restoration of damaged nonconforming structures. A nonconforming
structure, or portion thereof, 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 equal
or exceed 70% of the total cost of reconstructing the entire structure
shall not be restored unless said 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 70% of the
cost of reconstructing the entire structure, no repair or construction
for restoration shall be made unless such work is started within one
year from the date of the partial destruction and is diligently prosecuted
to completion.[1]
E.
Discontinuance of use in nonconforming structure. A nonconforming
structure, or portion thereof, in which the use has ceased by discontinuance
or abandonment, on the effective date of this chapter or thereafter,
or which is abandoned and remains unoccupied, or which is not used
for a continuous period of one year shall not thereafter be occupied
or used, except by a use which conforms to the use regulations of
the district in which it is located.
F.
Change of use in nonconforming structure. The nonconforming use of
a structure, or portion thereof, may be changed to a use permitted
in the district in which the structure is located, or the nonconforming
uses of a part of such a structure may be extended to the remaining
parts of the structure; however, once a use is changed to a conforming
use, such structure shall not thereafter be used for a nonconforming
use or purpose.
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 provisions:[2]
(1)
The nonconforming use of a part of such structure shall not be expanded
or extended into any other portion of such structure, nor changed
to any other nonconforming use.
(2)
If a nonconforming use of such a structure is discontinued, or abandoned
for a period of one year, it shall not be renewed, and any subsequent
use of such structure shall conform to the use regulations of the
district in which the premises are located.
H.
Nonconforming use of land. The nonconforming use of land not involving
a structure, or in connection with which any structure thereon is
incidental or accessory to the principal use of land, may be continued,
subject to the following provisions:
(2)
If such a nonconforming use of land is discontinued or abandoned
for a period of one year, it shall not thereafter be renewed, and
any subsequent use of such land shall conform to the regulations of
the district in which the land is located.
(3)
No nonconforming use of land shall 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.
I.
Existing nonconforming structures and uses. The property owned at
1200 First Street, Mendota, LaSalle County, Illinois, shall at no
time have more than three trailers and one double-wide trailer located
on the premises.
