The purpose of this chapter is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue.

Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this Chapter and which remains nonconforming, and any such building, structure, or use which shall become nonconforming upon the adoption of this Chapter, or of any subsequent amendments thereto, may be continued subject to the regulations which follow.

Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this Chapter.

(a)

Repairs and Maintenance. Ordinary repairs and maintenance may be made to a nonconforming building or structure, except that no structural alterations shall be made in or to such building or structure except those required by law and except those making the building or structure and use thereof conform, or more closely conform, to the regulations of the district in which it is located.

(b)

Additions and Enlargements. Any pre-code structure may be altered or enlarged provided that such alteration or enlargement conforms to all applicable height, yard, setback, F.A.R., and all other requirements of the districts in which the structure is located.

(c)

Relocation of Building or Structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district into which it is moved.

(d)

Restoration of Damaged Building or Structure. In any district, a building or structure which is destroyed or damaged by fire or other casualty or by Act of God shall not be restored if the cost of restoration to its condition prior to the occurrence exceeds fifty (50) percent of the cost of restoring the entire building or structure new, unless said building or structure and the use thereof shall conform thereafter to all the regulations of the district in which it is located. In the event that such damage or destruction is less than fifty (50) percent of the cost of restoration of an entire building or structure new, the building or structure may be restored to its original nonconforming condition, but only if such restoration is started within one hundred eighty (180) days from the date of the partial damage or destruction and is diligently prosecuted to completion.

(e)

Discontinuance of a Nonconforming Use. If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of one hundred twenty (120) days, it shall not be renewed, and any subsequent use of the building, structure, or premises shall conform to the use regulations of the district in which such building, structure, or premises is located.

(f)

Expansion of Nonconforming Use.

(1)

A non-conforming use of a part of a building or structure shall not be expanded within that building or structure in which said use is located.

(2)

The nonconforming use of land not involving a building or structure shall not be expanded or extended beyond the area it occupies.

(g)

Change of Nonconforming Use.

(1)

If no structural alteration is made other than as permitted by subsections (a) and (b), a nonconforming use of a building or structure may be changed to a use permitted in a district in which the building or structure is located.

(2)

The nonconforming 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 the land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.

In all residence districts, any buildings or structures, all or substantially all of which is designed or intended for a use allowed only in a business, commercial or industrial district shall be removed or shall be altered, remodeled or converted for a permitted use within six months after the amortization period for such building or structure, which is hereby established and set forth below:

(a)

Assessed valuation of building or structure: ten thousand dollars ($10,000.00)* or less. Five years from the effective date of the ordinance from which this Chapter is derived.

(b)

Assessed valuation of building or structure: more than ten thousand dollars ($10,000.00) but less than twenty-five thousand dollars ($25,000.00)*. Ten (10) years from the effective date of the ordinance from which this Chapter is derived.

(c)

The provisions of this Section shall not be applicable to any building or structure having an assessed valuation of twenty-five thousand dollars ($25,000.00) or more.

* On the effective date of the ordinance from which this Chapter is derived, or as of the date any amendment establishes non-conformity.

This Section is intended to gradually eliminate inappropriate uses of buildings or structures designed or intended for uses allowed within the district in which they are located, but is not intended to eliminate any use not permitted in the district if such use is appropriate to the design or intent of such building or structure.

(a)

In all residence districts any use of a building or structure, all or substantially all of which is designed or intended for a use permitted only in a residential district, but is being used for a use permitted only in a commercial or an industrial district, shall be terminated within five years of the effective date of the ordinance from which this Chapter is derived.

(b)

The nonconforming use of land shall be discontinued and cease three years from the effective date of the ordinance from which this Chapter is derived in each of the following cases:

(1)

Where no buildings or structures are employed in connection with such use.

(2)

When the only building or structures or other physical improvements are accessory to such use.

A nonconforming use of land which is accessory to the nonconforming use of building or structure shall be discontinued on the same date of the nonconforming use of the building or structure is discontinued.

The City, by ordinance, from time to time, may acquire by purchase, condemnation, or otherwise, any buildings or structures which do not conform with the standards affixed by the City pursuant to Illinois statutes, and all land which is necessary or appropriate for the rehabilitation or development of any area blighted by substandard buildings or structures. The City may:

(a)

Remove or demolish all such nonconforming buildings and structures so acquired;

(b)

Hold and use any remaining property for public purposes; and

(c)

Sell, lease, or exchange such property as is not required for public purposes, subject to the provisions of this Chapter or any amendment thereto.

Illegal nonconforming zoning uses in the City shall be subject to immediate abatement. All non-conforming uses shall be presumed to be illegal and to have commenced since October 1, 1951, in the absence of evidence to the contrary to the officials of the City administering this Chapter.