§ 150.32  GRANDFATHER CLAUSE.
   (A)   No existing building or structure not in compliance with any of the Codes adopted herein as of the effective date of this chapter or of any amendment hereto, and no building, the foundation of which has been laid as of the effective date of this chapter or any amendment hereto which is completed within six months of the effective date of this chapter or the amendment, shall be deemed to be in violation of this chapter by reason of continuation of the non-complying condition; nor is any owner required to bring any such structure into compliance with any Code adopted hereunder, except as stated in divisions (B) through (G) below.
   (B)   Existing structures shall be brought into compliance with the Life Safety Code Chapters pertaining to existing structures within 90 days of the effective date of this chapter.
   (C)   Existing structures shall be brought into compliance with the International Property Maintenance Code within 90 days of the effective date of this chapter.
   (D)   As Exhibit A is amended from time to time, existing structures shall be brought into compliance with any amendments of the Life Safety Code pertaining to existing structures and with the International Property Maintenance Code and the Plumbing Code amendments pertaining to backflow and back siphonage, within 90 days of the effective date of the amendments.
   (E)   Where the owner of an existing structures believes that compliance with the Life Safety Code or Property Maintenance Code cannot be accomplished by the effective date of this chapter or the effective date of any amended Exhibit A, such owner may, upon a showing of hardship to the Building Code Administrator, obtain an extension of time of up to 90 days to comply.
   (F)   Where the owner of an existing structure believes it will be impossible or would cause economic hardship to comply with the Life Safety Code or the Property Maintenance Code, such owner may apply to the Building Code Board of Appeals for a variance. Such a variance shall be granted if and only if the following conditions are met:
      (1)   The requested variance will not endanger the life, health or safety of any person;
      (2)   The requested variance meets the spirit of the Codes adopted herein; and
      (3)   The requested variance does not violate regulations of the Illinois State Fire Marshal (NFPA 101, current edition).
   (G)   Notwithstanding the foregoing, if a building was in violation of this chapter or any of the Codes adopted pursuant to chapter or any amendment, or in violation of any other village ordinance pertaining to building, zoning or utilities that were in effect as of the effective date of this chapter or the amendment, and the Codes adopted herein are no more stringent than the prior ordinances with respect to the condition which violated the prior ordinance or code, then the owner of the building is not entitled to the grandfather provisions of division (A).
(Ord. 94-07, passed 3-24-94; Am. Ord. 04-43, passed 7-13-04)