The purpose of this chapter is to provide for the regulation of nonconforming uses, buildings and structures, and to specify those circumstances and conditions under which those nonconforming 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 Illinois statutes. (1977 Code)

Any building, structure or use which existed lawfully at the time of the adoption of this title, and which remains or becomes nonconforming upon the adoption of this title or of any subsequent amendment thereto, may be continued only in accordance with the following regulations:

   (A)   Repairs And Alterations: Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alteration shall be made in or to such 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, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. Ordinary repairs and alterations shall be determined by the building inspector, 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:

      1.   A nonconforming 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 not be added to or enlarged in any manner unless such nonconforming building or structure and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.

      2.   A nonconforming building or structure which is nonconforming only as to bulk, may be added to or enlarged, provided such addition or enlargement conforms to all regulations of the district in which it is located.

   (C)   Moving: No building or structure shall be moved in whole or in part to any other location unless every portion of such building or structure, and the use thereof, is made to conform to all regulations of the district in which the moved building is located.

   (D)   Restoration Of Damaged Nonconforming Buildings Or Structures: A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and 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 sixty percent (60%) of the total cost of reconstructing the entire building or structure, 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 seventy percent (70%) of the cost of reconstructing the entire building or structure, no repairs or construction for restoration shall be made unless such work is started within one year from the date of the partial destruction and is diligently prosecuted to completion.

   (E)   Discontinuance Of Use Of Nonconforming Building Or Structure: A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and in which the use has ceased by discontinuance or abandonment, on the effective date hereof or thereafter is abandoned and remains unoccupied, or is not used for a continuous period of one year, 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)   Change Of Use In Nonconforming Building Or Structures: 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 district in which the building or structure is located, or the nonconforming uses of a part of such building may be extended to the remaining parts of the building but no change or extension of use shall extend or otherwise modify any provision made in this title for elimination of such nonconforming building or structure and the use thereof.

   (G)   Elimination Of Nonconforming Buildings, Structures And Uses:

      1.   The following nonconforming buildings, structures and uses shall be subject to amortization provisions herein set forth under subsection (G)2 of this section:

         (a)   Residence Districts: Any nonconforming principal and accessory building or structure, all or substantially all of which is designed and used or intended for a permitted or conditional use that is allowed only in a business or manufacturing district shall be subject to the amortization provisions of this title.

         (b)   Business Districts: Any principal or accessory building or structure, all or substantially all of which is designed and used or intended for a permitted or conditional use that is allowed in any manufacturing district, and located in any business district, and such nonconforming building or structure and the use thereof that is designed and used or intended for a permitted or conditional use that is allowed only in a B-3 district and located in a B-1 and B-2 district shall be subject to the amortization provisions of this title.

         (c)   Manufacturing Districts: No lawfully established principal and accessory nonconforming building or structure and a lawful nonconforming use thereof shall be subject to the amortization provisions of this title. Moreover, a single-family detached dwelling may be erected on a lot in an existing recorded subdivision in which fifty percent (50%) or more of the lots contained single-family detached dwellings on the effective date of this title.

      2.   Amortization Provisions: All nonconforming buildings, structures, and uses as set forth in subsections (G)1(a), (G)1(b), and (G)1(c) of this section that were nonconforming prior to and remain nonconforming after the adoption of this title, or which become nonconforming by subsequent amendments thereto shall be removed, or converted, and therefore devoted to uses permitted in the districts in which they are located within six (6) months after the applicable amortization periods as follows:

         (a)   Assessed valuation more than five thousand dollars: In accordance with the types of construction classification set forth in the building code of the city.

            (1)   Fireproof construction and noncombustible construction: Forty (40) years from date of original building permit or twenty five (25) years from effective date of this title or amendments thereto, whichever last occurs.

            (2)   Exterior masonry wall construction: Thirty (30) years from date of original building permit or twenty (20) years from effective date of this title or amendments thereto, whichever last occurs.

            (3)   Frame constructions: Twenty (20) years from date of original building permit or ten (10) years from effective date of this title or any amendments thereto, whichever last occurs.

         (b)   Assessed valuation at least two thousand dollars but not more than five thousand dollars: Eight (8) years from date of original building permit or four (4) years from effective date of this title or any amendments thereto, whichever last occurs.

         (c)   Assessed valuation less than two thousand dollars: Four (4) years from date of original building permit or two (2) years from effective date of this title or any amendments thereto, whichever last occurs.

   (H)   Nonconforming Use Of Conforming Buildings Or Structures: The existing nonconforming use of a part or all of a conforming building or structure may be continued subject to the following provisions: (1977 Code)

      1.   The nonconforming use of a part of such building or structure existing in any residential district shall not be expanded or extended into any other portion of such building or structure nor changed to any other nonconforming use. The nonconforming use of a part of such building or structure existing in any business district may be expanded and extended into other portions of existing buildings or structures designed for business use, including any subsequent additions or enlargements thereto, only after suitable assurances are obtained from the city council prior to any such expansion or extension of said nonconforming use.

      2.   If the nonconforming use of such existing building or structure located in any residential district is discontinued or abandoned for a period of six (6) months, it shall not be renewed and any subsequent use of such building or structure shall conform to the use regulations of the district in which the premises is located. (Ord. 1406, 3-12-1991)

      3.   Any lawful nonconforming use in a conforming building or structure existing in a residence district on the effective date of this title or any amendments thereto but is herein allowed as a permitted or conditional use only in a business or manufacturing district, shall be entirely discontinued within five (5) years from the effective date of this title or any amendments thereto. (1977 Code)

      4.   Any existing nonconforming use of a conforming building or structure located in any business district may be continued in the event total reconstruction of the entire building being used for said nonconforming use is diligently prosecuted to construction completion within one year from date of issuance of a building permit. Any permit issued under this section shall become invalid if the construction work is not commenced within six (6) months from date of issuance of a building permit. Said permit shall become invalid if the construction work is suspended or abandoned for a period of six (6) months after the time of commencing work. (Ord. 1406, 3-12-1991)

   (I)   Nonconforming Use Of Land: 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 land, may be continued subject to the following provisions:

      1.   Expansion Or Extension: Such nonconforming use shall not be expanded or extended beyond the area it occupies.

      2.   Renewal Restrictions: If such a nonconforming use of land is discontinued or abandoned for a period of six (6) consecutive months, it shall not thereafter be renewed, and subsequent use of land shall conform to the regulations of the district in which the land is located.

      3.   Not Changed: No nonconforming use of land shall be changed to another nonconforming use.

      4.   Elimination Of Nonconforming Use Of Land: The nonconforming use of land shall be discontinued in accordance with the following, except that in R-1 and R-2 districts the allowable term shall be reduced by fifty percent (50%):

         (a)   Where no buildings or structures are employed in connection with such use of land, discontinued within one year from the effective date of this title or any amendments thereto.

         (b)   Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use of land and have an assessed valuation of not more than two thousand dollars ($2,000.00), discontinued within two (2) years from the effective date of this title or any amendments thereto.

         (c)   Where the improvements, underground or substantially at ground level, which comprise all or substantially all of the improvements employed in such use of land and which have an assessed valuation of more than two thousand dollars ($2,000.00), discontinued within five (5) years from the effective date of this title or any amendments thereto.

         (d)   Where the nonconforming use of land is accessory to the nonconforming use of a building or structure, it shall be discontinued on the same date on which the nonconforming use of the building or structure is discontinued.