The purpose of this Section is to provide for the regulations of non-conforming uses, buildings, and structures, and to specify those circumstances and conditions under which those non-conforming 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 Section 73-1 of Chapter 24 of the Revised Statutes of the State of Illinois.

Any non-conforming building, structure, or use which existed lawfully at the time of the adoption of this Ordinance, and which remains non-conforming, and any such building, structure, or use which shall become non-conforming upon the adoption of this Ordinance or of any subsequent amendment thereto, may be continued in accordance with regulations which follows:

No building, structure or use lawfully established on the effective date of this Ordinance, shall be subject to the amortization provisions of this Section solely by reason of being non-conforming with respect to the standards prescribed in this Ordinance for any of the following:

A.

Floor Area Ratio.

B.

Yards—Front, side, rear or transitional.

C.

Lot area per dwelling unit.

D.

Lot width.

E.

Ground floor area per dwelling.

F.

Gross floor area.

G.

Performance standards.

H.

Off-street parking or loading spaces.

No building, structure, or use, lawfully established on the effective date of this Ordinance and located in any Manufacturing District, shall be subject to the amortization provisions of this Section and no building, structure, or use, located in a Commercial District, shall be subject to the amortization provisions of this Ordinance if it is a permitted building, structure, or use in any Commercial District, except as provided for elsewhere in this Ordinance.

For the purpose of this Section, a building or structure lawfully constructed or established on the effective date of this Ordinance shall be deemed to include any building or structure for which a building permit has been lawfully issued prior to such date, and on which construction is begun within the required period of time as set forth in this Ordinance.

Any building or structure all or substantially of which is designed or intended for a use which is prohibited under the terms of the Zoning Ordinance but which was lawful at the date of the Ordinance's enactment.

A.

Repairs and Alterations: Ordinary repairs and minor alterations may be made to a non-conforming building or structure, provided that no structural alterations shall be made in or to such building or structure, except those required by law, or except to make the building or structures and minor uses thereof conform to the regulations of the District in which it is located. Ordinary repairs and alterations shall be determined by the Building Commissioner and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such replacement.

B.

Additions and Enlargements: A non-conforming building or structure shall not be added to or enlarged in any manner unless such non-conforming building or structure, and use thereof, including all additions and enlargement thereto, is made to conform to all the regulations of the District in which it is located.

C.

Moving: No non-conforming building or structure shall be moved in whole or in part to any other location unless every portion of such building or structure is moved, and the use thereof is made to conform to all regulations of the District into which it is moved.

D.

Restoration of Damaged Non-Conforming Building: A non-conforming building or structure, 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 exceed twenty-five percent (25%) of the cost of replacing the entire building or structure new, shall not be restored unless said building or 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 twenty-five percent (25%) of the cost of restoration of the entire building or structure new, no repairs or construction shall be made unless such restoration is started within six (6) months from the partial destruction and is diligently prosecuted to completion.

E.

Discontinuance of Use of Non-Conforming Building or Structure: A non-conforming building, structure, or portion thereof, which is vacant on the effective date of this Ordinance or thereafter becomes vacant and remains unoccupied, or is not used for a continuous period of one hundred eighty (180) days, 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.

Expansion of Use in Non-Conforming Building or Structure: The non-conforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, but no changes or structural alterations, and the use thereof, conform to all the regulations of the District in which the building or structure is located.

G.

Change of Use in Non-Conforming Building or Structure: The non-conforming use of a building or structure may be changed to a use permitted in the District in which the building or structure is located, but no change shall extend or otherwise modify any provisions made in this Ordinance for elimination of such non-conforming building or structure, and the use thereof.

H.

Elimination of Non-Conforming Buildings and Structure: Any 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, 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, in accordance with the following amortization schedules.

In all Residential Districts any building or structure, all or substantially all of which is designed or intended for a use permitted only in Commercial or Manufacturing Districts, shall be removed or it shall be altered and converted to a building or structure designed for a use permitted in the district in which it is located within six months after the termination of the respective period of time as set forth in the following:

1)

Assessed Valuation More than $5.000.*

In accordance with the types of construction classification set forth in the current BOCA (Building Officials and Code Administrators International, Inc.) Code Books.

a.

Fire Resistive Construction: Forty (40) years from date of building permit, or twenty-five (25) years from effective date of this Ordinance, whichever last occurs.

b.

Ordinary Construction: Thirty (30) years from date of building permit, or twenty (20) years from effective date of this Ordinance, whichever last occurs.

c.

Wood Frame Construction: Twenty (20) years from date of building permit, or ten (10) years from effective date of this Ordinance, whichever last occurs.

2)

Assessed Valuation at least $2,000,* but not more than $5,000.* Eight (8) years from date of building permit, or four (4) years from the effective date of this Ordinance, whichever last occurs.

3)

Assessed Valuation under $2.000.*

Four (4) years from date of building permit, or two (2) years from effective date of this Ordinance, whichever last occurs.

Any building or structure which is located in the C District, and which is designed or intended for a use permitted only in M Districts, shall be removed or shall be altered, remodeled, or converted for a permitted use within six (6) months after the termination of the life of such building or structure, which is, hereby, established in accordance with the respective amortization period set forth in this Paragraph H.

The non-conforming use of a building or structure shall be terminated at the end of the amortization period for said building or structure as set forth in this Paragraph H, and shall not thereafter be operated on the premises.

*On the effective date of this Ordinance.

A.

The City of Country Club Hills at any time, and from time to time, by Ordinance duly enacted and in accordance with the authority vested in it by Section 11-13-17 of Chapter 24, of 1989 Revised Statutes of the State of Illinois:

1)

May acquire by purchase, condemnation, or otherwise, any buildings or structures which do not conform to the standards fixed by the City of Country Club Hills pursuant to Section 11-13-17, Chapter 24, of the 1989 Revised Statutes of the State of Illinois, and all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures;

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)

After acquisition and demolition of non-conforming property, the City may sell, lease or exchange such property as is not required for public purposes, subject to the provisions of this ordinance or any amendment thereto.

B.

No such acquisition by condemnation shall be made until such time as the Plan Commission, at the request of the City Council, or upon its own initiative, shall have made a study of the area within which such non-conforming building or structure is located and shall have filed a written report on such study with the City Council.

The lawfully existing non-conforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued subject to the following provisions:

A.

Expansion of Non-Conforming Use: The non-conforming use of a part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other non-conforming use.

B.

Discontinuance: If a non-conforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of ninety (90) days, it shall not be renewed; and any subsequent use of the building or structure shall conform to the use regulations of the District in which the premises are located.

C.

Change of a Non-Conforming Use: No non-conforming use shall be changed to another non-conforming use.

D.

Elimination of Non-Conforming Uses: In all Residence Districts any use which lawfully exists at the adoption of this ordinance, but is permitted only in a commercial or Manufacturing District, and which is located in a building, all or substantially all of which is designed or intended for a residential purpose, shall be entirely discontinued and shall thereafter cease operation within five (5) years from the date of adoption of this Ordinance.

The non-conforming 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, may be continued subject to the following provisions:

A.

Expansion: A non-conforming use of land shall not be expanded or extended beyond the area it occupies.

B.

Discontinuance: If a non-conforming use of land is discontinued for a period of six (6) consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the District in which the land is located.

C.

Change of Use: A non-conforming 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.

D.

Elimination of Non-Conforming Use of Land: The non-conforming use of land shall be discontinued and cease in accordance with the following:

1)

Where no buildings or structures are employed in connection with such use, discontinued within one (1) year.

2)

Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use, and have an assessed valuation not more than $2,000, discontinued within two (2) years.

3)

Where the improvements, underground or substantially at ground level, which comprise all or substantially all of the improvements employed in a non-conforming use of land which have an assessed value of more than $2,000, discontinued within five (5) years.

4)

Where such use is maintained in connection with a conforming building or structure, except that inadequate off-street parking facilities are 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 so used.

5)

Where a non-conforming use of land is accessory to the non-conforming use of a building or structure, disconnected on the same date on which the non-conforming use of the building or structure is discontinued.