The purpose of this provision is to provide for the short term maintenance of nonconforming uses, uses which do not conform to the provisions of this Ordinance but which complied with applicable laws when established. The purpose is also to provide for the gradual elimination of nonconforming uses to uses which conform to the provisions of this Ordinance in order to accomplish the objectives of the Ordinance without undue burden to any single property owner.

(Ord. No. 13601, § 1, 7-20-93)

In order to accomplish the objectives of the Ordinance without posing any hazard to the public or occupants of buildings and structures, nothing in this Article shall be deemed to prevent the strengthening or restoration of an unsafe structure in accordance with any order of a public official who is charged with protecting the public safety, and who finds that the structure which is the subject of the order is unsafe in its then present condition, and that repair or restoration is not in violation of the provisions of this Article governing the restoration of partially damaged or destroyed structures and signs.

In order to limit the burden of converting a non-conforming use to a conforming use, the City has adopted different regulations for different classes of nonconforming uses. The classes of non-conforming uses are as follows:

5.3.a. Class 1: A class one nonconforming use is the use of a building or structure which is designed for the nonconforming use, and which requires substantial modification in order to accommodate a conforming use.

5.3.b. Class 2: A class two nonconforming use is a use of a building or structure which is designed to accommodate uses which conform to the requirements of this Ordinance, and which could accommodate a conforming use without any substantial modification.

5.3.c. Class 3: A class three (3) nonconforming use is a use of a parcel of land or a building or structure which is not conforming as to bulk, height, required yard, floor area ratio, setback, parking and/or landscaping.

5.3.d. Class 4: A nonconforming use of land not involving a building or structure.

(Ord. No. 13939, § 1, 5-30-95)

5.4.a. Improvements Underground or at Ground Level. Nonaccessory improvements which are underground or substantially underground and which have a current market value in excess of $5,000.00 and which comprise substantially all the improvements enjoyed in nonconforming use of land shall be deemed nonconforming structures and subject to the applicable provisions of this Article.

5.4.b. Nonconforming Use of Land Accessory to the Nonconforming Use of a Building and Structure. The nonconforming use of land which is accessory to the nonconforming use of a building or structure may be continued for such time as the nonconforming use of the building or structure is permitted under the provisions of this Article.

5.4.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 made thereof is made to conform to all of the regulations of the district in which it is to be located.

5.4.d. Restoration of Buildings. A nonconforming building, except one identified by City Council action as being of historic significance, which is destroyed or damaged by fire or other casualty or act of God may be restored only if the cost of reconstruction to a condition in which it was prior to the casualty does not exceed 50 percent of the replacement cost of the entire building and providing no restoration or reconstruction shall be undertaken unless it is started within one year from the date of notice by the Zoning Administrator of this provision or the date of partial destruction whichever is later and completed within 24 months from the date of partial destruction.

The time and cost limitations set forth herein shall not apply to any single family dwelling located in a residential district providing reconstruction of the dwelling begins within two years from the date of partial destruction and is thereafter diligently pursued. A nonconforming building, identified by City Council action as being of historic significance may be restored in conformance with these provisions without respect to cost or replacement cost.

5.4.e. Accessory Buildings. The requirements for nonconforming uses of nonconforming buildings, structures, or uses shall apply to all accessory buildings, structures, or buildings located on the same zoning lot.

5.4.f. Burden of Establishing Nonconforming Use. The burden of establishing any legal nonconforming use is to be met by the owner or party seeking to continue the use, or any person applying for a zoning certificate. Such persons shall provide sufficient proof in a form acceptable to the Zoning Administrator of the following:

(1)

Date of construction of the building or structure of [or] date the use was established (proof may consist of a certified copy of the business license or building permit).

(2)

Continuous operation of the nonconforming use (proof may consist of affidavits signed by persons having personal knowledge of the use of the premises since the use was established).

(3)

Such other proof as may be deemed necessary by the Zoning Administrator.

5.4.g. Discontinuance of Abandoned Nonconforming Use. Except as otherwise provided herein, the voluntary abandonment of any nonconforming use of a building, structure, or premises for a period longer than one (1) year shall terminate any rights conferred by this Article to continue such use. However, any structure originally designed and intended for more than one dwelling unit may have its use continued provided the original structure has not been altered to diminish the number of original dwelling units. Additional units cannot be added to the original design.

5.4.h. Expansion of Nonconforming Use.

(1)

Class 1 and Class 3 nonconforming uses of a portion of a building may be expanded throughout the building in which they are located but no changes or structural alterations shall be permitted which would increase the bulk of such building or structure unless such changes conform to all the provisions of the zoning district in which such building is located.

(2)

Expansion of any Class 2 nonconforming use of any building or structure into any portion of the building in which it is not located shall not be permitted.

(3)

Any other expansion of nonconforming uses, either within a building or resulting from any other type of expansion, shall be permitted only after it has been reviewed by the reviewing body having jurisdiction and approved by the City Council as a special use.

5.4.i. Expansion of Hours. Expansion of hours of operation of any class of nonconforming use beyond the hours of operation on the effective date of this ordinance is prohibited when such expansion would cause the use to become nonconforming.

5.4.j. Change in Nonconforming Use.

(1)

Class 1 nonconforming uses may be changed to another nonconforming use provided that the new nonconforming use is permitted in a more restrictive district than the district in which the existing nonconforming use is permitted.

Such change shall be permitted only after it has been reviewed by a reviewing body having jurisdiction and approved by the City Council as a special use. The jurisdiction over such change, the review of proposals and approval standards and procedures shall be the same as those which are applied for special uses; however the proposed changed use need not be specifically listed as special uses in the district in which they are sought.

For the purpose of construing this requirement, the RE district shall be considered the most restrictive and the I3 district shall be considered the least restrictive.

(2)

Class 2 and class 3 nonconforming uses shall not be changed to another nonconforming use.

(3)

No Class 4 nonconforming uses may be expanded, or extended beyond the area they occupy.

5.4.k. Extension of Time. The City Council, after receiving recommendations from the board having jurisdiction thereof, and after such board has conducted a public hearing, may extend the time period for any nonconforming use. Such extension shall permit any such use to be continued as a special use and shall be granted only when the grant of extension conforms to the standards applicable to special uses.

5.4.l. Nonconforming Parking, Yards and Landscaping. When a proposed or completed repair, change in use, expansion of use, or change in a building or structure, already existing at the time of passage of this ordinance, occurs with or results in nonconforming parking, yards or landscaping, on property that has an existing building or structure that will be retained as a part of the proposed or completed repair, change in use, expansion of use, or change in said building or structure, any person interested in the use or structure may petition for a waiver of any portion or all of the landscaping, yards or parking requirement resulting from such change or proposed change. Such waivers shall be granted by the Zoning Administrator or Site Plan Review Board as part of the review process for the issuance of zoning certificates only when they are in the interest of the City, or when conformance with the parking, yards and landscaping requirements poses some practical difficulty or particular hardship. In determining whether there is a practical difficulty or hardship, the decision maker shall make findings of practical difficulty or particular hardship based upon the standards for variations (2.12.e.). Conditions or restrictions may be imposed by the decision maker at the time any waiver is granted.

(Ord. No. 13296, § 1, 11-5-91; Ord. No. 14658, § 1, 1-19-99; Ord. No. 16625, § 1, 11-23-10)

5.5.a. Nonconforming Uses in Residential and Agricultural Districts.

(1)

Nonresidential nonconforming Class 1 uses may be continued for five (5) years plus the applicable amortization period, after official notification of a nonconforming status by the Zoning Administrator.

(2)

Nonresidential nonconforming Class 2 uses may be continued for five (5) years plus the applicable amortization period, after official notification of a nonconforming status by the Zoning Administrator.

(3)

Residential Class 3 nonconforming uses in agricultural and residential districts may be continued as legal nonconforming uses for the life of the structure and may be rebuilt or replaced without respect to replacement value.

(4)

Nonresidential Class 3 nonconforming uses in residential districts may be continued for the life of the structure in which they are located, but shall be subject to the regulations as outlined in section 5.4.d.;

(5)

Class 4 nonconforming uses shall be discontinued within six (6) months after official notification of a nonconforming status by the Zoning Administrator.

(6)

Reserved.

5.5.b. Nonconforming Uses not in a Residential or Agricultural District.

(1)

Class 1 nonconforming uses may be continued for five (5) years plus the applicable amortization period, after official notification of a nonconforming status by the Zoning Administrator.

(2)

Class 2 nonconforming uses may be continued for five (5) years plus the applicable amortization period, after official notification of a nonconforming status by the Zoning Administrator.

(3)

Class 3 nonconforming uses may be continued for the life of the structure in which they are located, but shall be subject to the regulations set forth above.

(4)

Class 4 nonconforming uses shall be removed or discontinued within three (3) years after official notification of a nonconforming status by the Zoning Administrator.

(5)

Reserved.

5.5.c.

[Applicable amortization periods.] The applicable amortization periods for these provisions shall be as follows:

(1)

Assessed Valuation More than $5,000. In accordance with the types of construction classification set forth in the Building Code of the City of Peoria, Illinois:

Fireproof Construction and Non-Combustible Construction: 40 years from date of original building permit or 25 years from official notification of a nonconforming status by the Zoning Administrator, whichever occurs last.

Exterior Masonry Wall, Heavy Timber, and Wood Frame Construction: 30 years from date of original building permit or 20 years from official notification by the Zoning Administrator of a nonconforming status, whichever last occurs.

(2)

Assessed Valuation at Least $2,000 but not More than $5,000. Eight (8) years from date of original building permit or two (2) years from official notification by the Zoning Administrator of a nonconforming status, whichever last occurs.

(3)

Assessed Valuation Less than $2,000. Four (4) years from date of original building permit or two (2) years from official notification of a nonconforming status by the Zoning Administrator, whichever last occurs.

(Ord. No. 13601, § 1, 7-20-93; Ord. No. 14658, § 1, 1-19-99)

5.6.a. Erection of new residences in residential districts, where permitted, shall be permitted where both the lot width and total lot area each are at least 80 percent of that which is required, and where at least 80 percent of any required lot area for each dwelling is provided.

5.6.b. The erection of new single family dwellings on nonconforming lots is subject to the following additional regulations:

(1)

The lot area shall be no less than 80 percent of the required lot area.

(2)

The dwelling shall be placed on the lot so as to provide a yard on each side of the dwelling such that the sum of the widths of the two side yards shall be not less than the minimum required, or the greater of the following: 20 percent of the width of the lot or three (3) feet.

5.6.c. The erection of new structures or buildings in nonresidential districts, shall be permitted on nonconforming lots of record if such proposed structure meets all of the requirements of the district in which it is sought to be located except for lot area.

5.6.d. Structures and buildings on nonconforming lots in existence at the time this ordinance was adopted may be maintained as nonconforming uses subject to the general provisions of this Article.

Notwithstanding the other provisions of this ordinance, the following additional provisions shall apply to pre-code uses:

5.7.a. Pre-code uses shall be those uses which were established prior to April 1, 1931.

5.7.b. Class 1, 2, and 3 pre-code uses may be continued subject to the following restrictions:

(1)

No repairs, structural alterations or additions may be made to a Class 1 building which would increase the bulk of the building.

(2)

No increase in the bulk of a Class 3 pre-code use is permitted unless such increase in bulk conforms to the provisions of this ordinance.

(3)

Class 2 pre-code uses may be continued subject to the following: Repairs, additions or alterations and structural changes may be made to a nonconforming pre-code building or structure provided that said repairs, alterations, or structural regulations conform to the regulations of the district in which such building is located.

5.8.a. Nonconforming Portable and Temporary Signs. Nonconforming portable and temporary signs shall be removed or converted to a permitted sign within ninety (90) days of official notification of a nonconforming status by the Zoning Administrator.

5.8.b. [Nonconforming Off-Premise Signs.] Non-conforming off-premise signs that are nonconforming due to being located in a residential zoning district; or wall or roof construction shall be removed within seven (7) years of official notification of a nonconforming status by the Zoning Administrator.

Other types of nonconforming off-premise signs may be continued until any of the following activities affect the subject sign, at which time the nonconforming sign must be removed or comply with the requirements of Article 17:

(a)

Replacement or repair of any portion of the sign in excess of 50% of the replacement value; or

(b)

Removal or replacement of the entire sign structure, except that replacement of the nonconforming off-premise sign at the same location, of the same dimensions, with a design known as uni-pole construction will be permitted.

5.8.c. Nonconforming Signs. In addition to the above regulation for amortization of portable and off-premise signs, other types of nonconforming signs may be continued until any of the following activities affect the subject sign or sign location, at which time the nonconforming sign must be removed or comply with the requirements of Article 17:

(a)

Change of use classification;

(b)

Replacement or repair of any portion of the sign in excess of 50% of the replacement value;

(c)

Removal or replacement of the entire sign structure; and

(d)

Building permit application review by the SPRB or Zoning Administrator. However, a legal nonconforming on-premise sign that would require a special permit (rooftop, historic, projecting, residential[,] ground, marquee, and local sign regulated [regulation] signs) under this ordinance, may be replaced without a special permit when the Zoning Administrator finds that the sign had been destroyed by an act of God.

(Ord. No. 13601, § 1, 7-20-93)