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 which adversely affect the maintenance, development or use and taxable value of other property in the district in which they are located shall be gradually eliminated in accordance with the authority granted by the Illinois Compiled Statutes. (Ord. 381-87, 6-9-87)

   A.   Any lawfully established use of a building or land, on the effective date hereof or amendments hereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise permitted herein.

   B.   Any legal, nonconforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

   C.   Any building for which a permit has been lawfully granted prior to the effective date hereof or of amendments hereto may be completed in accordance with the approved plans, provided construction is completed within fifteen (15) months of permit issuance. Such building shall thereafter be deemed a lawfully established building. (Ord. 381-87, 6-9-87)

   A.   Whenever any nonconforming building or use is changed to or replaced by a building or use conforming to the provisions of this Title, such nonconformance shall not thereafter be reinstated, even though the premises may have been originally designed and constructed for the prior nonconformance.

   B.   Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of six (6) consecutive months or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.

   C.   Where no enclosed building is involved, discontinuance of a nonconforming use of land for a period of three (3) consecutive months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.

   D.   A nonconforming use not authorized by the provisions of the this Title in effect at the time the repealing ordinance becomes effective, shall be discontinued and not reestablished, except when the provisions of the repealing ordinance find the use to be conforming to the district in which it is then located. (Ord. 381-87, 6-9-87)

   A.   The nonconforming use of a 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, may be changed to a use permitted in the same district as the nonconforming use in which the building or structure is located.

   B.   No nonconforming use of a building or structure shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

   C.   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. (Ord. 381-87, 6-9-87)

Any structure all, or substantially all, of which is designed or intended for a use not permitted in the zone in which it is located, shall be removed and its use thereafter cease, or shall be converted to a structure designed or intended for a use permitted in the zone in which it is located in accordance with the following conditions and amortization schedules:

   A.   In all residential zones, any structure, all of which is designed or intended for a use permitted only in a commercial or industrial zone, shall be removed, or it shall be altered and converted to a structure designed for a use permitted in the zone in which it is located within six (6) months after the termination of the respective amortization period, as set forth below.

   B.   In all commercial zones, any structure, all, or substantially all, of which is designed or intended for a use permitted only in residential or industrial zones, shall be removed or shall be altered, remodeled or converted to a structural design for a use permitted in the zone in which it is located within six (6) months after the termination of the respective amortization period, as set forth below.

   C.   In all industrial districts, any structure, all, or substantially all, of which is designed or intended for a use permitted only in residential or commercial zones, shall be removed or shall be altered and converted to a structure designed for a use permitted in the zone in which it is located within six (6) months after the termination of the respective amortization period, as set forth below.

   D.   The following amortization schedules shall apply:

      1.   In cases where the actual cash value, as determined by the official County tax assessment and equalization rate is fifteen thousand dollars ($15,000.00) or more, the following schedule shall be used in accordance with the types of construction herein specified:

         a.   Fire-Resistive or Mill Construction: Forty (40) years from the date of building permit or twenty (20) years from the effective date of this Title, whichever last occurs.

         b.   Ordinary or Noncombustible Frame Construction: Thirty five (35) years from the date of building permit, or eighteen (18) years from the effective date of this Title, whichever last occurs.

         c.   Wood Frame Construction: Thirty (30) years from the date of building permit, or fifteen (15) years from the effective date of this Title, whichever last occurs.

      2.   In cases where the actual cash value, as determined by the official County tax assessment and equalization rate, if five thousand dollars ($5,000.00) or more but less than fifteen thousand dollars ($15,000.00), the schedule shall be fifteen (15) years from the date of the building permit or ten (10) years from the effective date of this Title, whichever last occurs.

      3.   In cases where the actual cash value, as determined by the official County tax assessment equalization rate, is less than five thousand dollars ($5,000.00), the schedule shall be five (5) years from the date of building permit, or three (3) years from the effective date of this Title, whichever last occurs.

      4.   Any nonconforming use of building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) on the effective date of this Title shall be removed after two (2) years.

      5.   Any nonconforming use of land where no enclosed building is involved or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building shall be removed after a period of two (2) years.

      6.   Elimination of Nonconforming Uses:

         a.   In all residential zones, any use of a structure, all or substantially all, of which is designed or intended for a use permitted only in a residential zone, but is being used for a use permitted only in a commercial or an industrial zone, shall be terminated within five (5) years of the effective date of this Title.

         b.   In all commercial zones, any use of a structure, all, or substantially all, of which is designed or intended for a use permitted only in a commercial zone, but is being used for a use permitted only in a residential or an industrial zone, shall be terminated within ten (10) years of the effective date of this Title.

         c.   In all industrial districts, any use of a structure, all, or substantially all, of which is designed or intended for a use permitted only in an industrial district, but is being used for a use permitted only in a residential or a commercial district, shall be terminated within fifteen (15) years of the effective date of this Title.

         d.   The nonconforming use of land shall be discontinued and cease three (3) years from the effective date of this Title in each of the following cases:

            (1)   Where no structures are employed in connection with such use;

            (2)   When the only structures or other physical improvements are accessory or incidental to such use.

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

   F.   Improvements underground or substantially at ground level, which comprise all, or substantially all, of the improvements employed in a nonconforming use of land, shall be deemed a nonconforming structure and shall be subject to the applicable provisions of this Chapter. (Ord. 381-87, 6-9-87)

   A.   Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   B.   No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

      1.   When the alteration is required by law.

      2.   When the alteration will actually result in eliminating the nonconforming use.

      3.   When a building in a residential district containing residential nonconforming uses may be altered in any way to improve livability, provided no alterations shall be made which would increase the number of dwelling units or the bulk of the building. (Ord. 381-87, 6-9-87)

   A.   If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than fifty percent (50%) of its replacement value based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

   B.   In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion. (Ord. 381-87, 6-9-87)

   A.   A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all regulations of the district in which it is located.

   B.   No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

   C.   No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space or any land beyond the boundaries of the zoning lot as it existed on the effective date of this Title or to displace any conforming use in the same building or on the same parcel.

   D.   A building or structure which is nonconforming with respect to yards or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconforming with respect to the bulk regulations of the district in which it is located. (Ord. 381-87, 6-9-87)

Whenever the boundaries of a use district shall be changed so as to transfer an area from one use district to another use district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein. (Ord. 381-87, 6-9-87)

Whenever the lawfully existing building or other structure otherwise conforms to the use regulations herein but is nonconforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of Sections 9-10-4 and 9-10-5 of this Chapter.

   A.   In any residential district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.

   B.   In any business or industrial district, where the use is less distant from a residential district than that specified in the regulations for the district in which it is located.

   C.   In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following:

      1.   Yards – front, side, rear or transitional;

      2.   Off-street parking or loading;

      3.   Building height. (Ord. 381-87, 6-9-87)

Any nonconforming use may be made a special use by the granting of a special use permit, as authorized in Chapter 14 of this Title. (Ord. 381-87, 6-9-87)