A. Procedures Generally:
1. In accordance with authority granted to municipalities for the elimination of nonconforming uses and structures in 65 Illinois Compiled Statutes 5/11-13-1, it is hereby declared to be the policy of the village to eliminate said uses and structures.
2. The zoning official shall inventory the nonconforming uses and structures in the village and shall determine the assessed valuation, normal useful life, and years in existence for each. Such inventory and determination shall be kept on file by the zoning official and be a matter of public record.
3. The zoning official shall notify in writing the owner of each parcel of land or each structure which has been determined to be nonconforming, at least once every year. Such notice shall contain:
a. The normal useful life of the use or structure as determined by the village board of trustees;
b. The date on which it was determined the use was commenced; and
c. The assessed valuation of the use or structure as determined by the township assessor. (Ord. 2004-05, 4-13-2004)
5. The following is a check off type of list of the foregoing procedure and is intended to simplify the implementation of this section.
a. The zoning official will create an inventory of the nonconforming uses and structures within the village;
b. The zoning official will investigate the date in which the nonconforming use and/or structure was believed to have been initiated to determine the years that the nonconforming use and/or structure has been in existence. If this information is not readily available, the zoning official will send a letter requesting the date that the nonconforming use and/or structure was initiated to the property owner(s);
c. The zoning official will note the assessed valuation of the nonconforming use or structure as determined by the township assessor;
d. After proper notice and an opportunity to be heard has been given to the property owners of each property deemed to be nonconforming, the zoning committee will meet to review and discuss each property that has been found to be nonconforming, and will then make a recommendation to the village board of trustees as to what the zoning committee believes to be the date when the nonconforming use and/or structure began and the normal useful life of each use or structure that has been determined to be nonconforming;
e. After proper notice and an opportunity to be heard has been given to the property owners of each property deemed to be nonconforming, the village board of trustees will ultimately decide when the nonconforming use and/or structure began and the normal useful life of each use or structure that has been determined to be nonconforming;
f. The zoning official will keep the inventory and the determination of assessed value, normal useful life, and years in existence on file, which will be a matter of public record;
g. The zoning official will send a letter, at least once every year, to the property owner of each property found to have a nonconforming use and/or structure, which contains the determination of: the assessed value; the normal useful life; and the years the nonconforming use and/or structure has until its useful life expires;
h. Upon expiration of the normal useful life of the nonconforming use and/or structure, notice will be sent to the property owner stating that the useful life of the nonconforming use and/or structure has ended; accordingly, the property must now strictly comply with the zoning requirement(s) for that particular property. (Ord. 2015-02, 2-10-2015)
B. Elimination Of Nonconforming Buildings And Structures:
1. Elimination Required; Exceptions: Any structure or building, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall be removed and its use thereafter cease, or shall be converted to a building or structure designed or intended for a use permitted in the district in which it is located at the end of its useful life as determined by the village board of trustees. Nothing in this chapter shall apply to structures used for residential purposes in residential zoning classifications.
2. Condemnation Of Nonconforming Buildings And Structures:
a. The village, at any time and from time to time, by ordinance duly enacted:
(1) May acquire by condemnation any 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, and all land which is necessary or appropriate for the rehabilitation or redevelopment of the area blighted by such nonconforming building or structure;
(2) May remove or demolish all such nonconforming buildings and structures so acquired;
(3) May hold and use any remaining property for public purposes; and
(4) May sell, lease or exchange such property as is not held for public purposes, subject to the provisions of this title, or any amendment hereto.
b. No such acquisition by condemnation shall be made until such time as the planning commission, at the request of the village board or upon its own initiative, has made a study of the area within which such nonconforming building or structure is located and has filed a written report on such study with the village board.
C. Elimination Of Nonconforming Uses Of Land:
1. The nonconforming use of land shall cease ten (10) years from the effective date of this title in each of the following cases:
a. Where no building or structures are employed in connection with such use;
b. Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use or have an assessed valuation of less than two thousand dollars ($2,000.00); or
c. Where such use is maintained in connection with a conforming building or structure; except, that inadequate off street parking facilities used in connection with a building, the use of which complies with the requirements of the district in which it is located, may be continued for so long as the premises are used for a permitted use.
2. A nonconforming use of land which is accessory to the nonconforming use of building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.
3. Nothing in this subsection shall require the elimination of a nonconforming use of land for residential purposes. (Ord. 2004-05, 4-13-2004)