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.

   A.   Any lawfully established use of a building or land, on the effective date hereof or of 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 started within ninety (90) days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

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

   B.   Whenever a nonconforming use of a building or structure or part thereof has been discontinued for a consecutive period of one year 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 re-established, 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 this Title in effect at the time the amendatory ordinance becomes effective, shall be discontinued and not re-established, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is then located.

   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 in incidental or accessory to the principal 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.

   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.

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.

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.

   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 hereof 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 nonconformance with respect to the bulk regulations of the district in which it is located.

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.

Wherever 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 Section 5-16-4 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 regulation 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. 76-O-227, 12-2-1976)

Any nonconforming use may be made a special use by the granting of a special use permit, as authorized in chapter 17 of this title. (Ord. 76-O-227, 12-2-1976)

A complete record of the location, value, nature and extent of all nonconforming uses shall be made and kept by the enforcing officer. (Ord. 76-O-227, 12-2-1976)