The purpose of this article is to provide for the regulation of lawfully existing nonconforming lots, buildings, structures and uses. It is the intent of this article to allow such nonconformities to continue, unchanged, but not to encourage their continuance, until their eventual elimination, either upon the completion of normal useful life or through the process of amortization, in accordance with the authority granted by 65 ILCS 5/11-13-1 et seq.

To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and on which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the placing of construction material in permanent position and fastened in a permanent manner. Where substantial excavation or demolition or removal of an existing building has begun preparatory to rebuilding, such shall be deemed to be actual construction, provided that work shall be carried on diligently through building construction.

Such allowed construction must meet all building bulk limitations and minimum yard requirements as set forth for the zone in which such lot is located. Variance of these limitations and requirements shall only be obtained as provided in Article XXI of this chapter.

Where two or more lots or combinations of lots and portions of lots with continuous lot frontage are in single ownership of record at the date of this chapter or amendment thereto, and if all or part of the lots do not meet the requirements for lot area, width and depth, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter. No portion of such lot shall be sold or divided in a manner which diminishes compliance with the regulations of this chapter.

Expansion. No such nonconforming use shall be expanded, enlarged or increased so as to occupy a greater area of land (or land and minor structures) than was occupied at the effective date of adoption or amendment of this chapter.

Moving. No such nonconforming use shall be moved, in whole or in part, to any portion of the premises not occupied by such use at the date of adoption or amendment of this chapter, unless such move brings the premises into greater conformity with this chapter.

Construction. Structural alterations, additions and enlargements to the existing minor structures or construction of any new structures shall be prohibited on any tract of land containing such nonconforming use.

Discontinuance. If any such nonconforming use of land is discontinued for a period of six months, for any reason, then any subsequent use of such land shall conform to all the requirements of this chapter for the zone in which it is located.

Change in use. Any such nonconforming use of land may be changed to another use, provided that such new use shall be equally or more in conformance with the regulations for the zone in which it is located as was the previous use.

Elimination. Any use of land (or land and minor structures) which lawfully exists at the date of adoption or amendment of this chapter, but which becomes nonconforming by such adoption or amendment, shall cease within five years from the date of adoption or amendment. Any subsequent use shall conform to all requirements of the zone in which it is located.

Expansion. No such nonconforming use shall be expanded, enlarged or increased so as to occupy a greater area of the building, structure or land than was occupied at the effective date of adoption or amendment of this chapter.

Moving. No such nonconforming use shall be moved, in whole or in part, to any portion of the premises not occupied by such use as of the date of adoption or amendment of this chapter, unless such move brings the premises into greater conformity with this chapter.

Repairs, alterations and construction. Normal repairs and maintenance to buildings and structures containing such nonconforming uses may be made. Structural alterations and construction of additions and enlargements, or construction of new structures shall be prohibited until such time as the use of existing structures conforms to the zone in which they are located. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Restoration of damaged structures. Any structure containing a nonconforming use which is damaged by any means to an extent of more than 50% of the cost of replacement at the time of damage shall not be restored unless said use of structure shall conform to all requirements of the zone in which it is located. Restoration of damage 50% or less of the cost of replacement shall be permitted, provided that restoration work starts within 12 months of the date of damage and is diligently continued through to completion. If restoration does not begin within one year of the date of damage, the subsequent restoration shall only be permitted when use of said structure conforms to all the requirements of the zone.

Discontinuance. If any such nonconforming use is discontinued for a period of one year for any reason, then any subsequent use of the premises shall conform to all the requirements of this chapter for the zone in which it is located.

Change in use. Any such nonconforming use may be changed to another use, provided that such new use shall be equally or more in conformance with the regulations for the zone in which it is located as was the previous use.

Elimination. Any such nonconforming use shall be required to be eliminated, subject to the following provisions:

Moving. No such nonconforming structure shall be moved, in whole or in part, for any distance for any reason, unless such move brings the premises into greater conformity with this chapter.

Repairs, alterations and construction. Normal repair and maintenance to such nonconforming structures may be made. Structural alterations and construction of additions and enlargements, or construction of new structures on the premises, shall be prohibited unless such alteration or construction decreases the nonconformity of the structure. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Restoration of damage. Any nonconforming structure which is damaged by any means to an extent of more than 50% of the cost of replacement at the time of damage shall not be restored unless the restored structure shall conform to all the requirements of the zone in which it is located. Restoration of damage 50% or less of the cost of replacement shall be permitted, provided that restoration work starts within 12 months of the date of damage and is diligently continued through to completion. If restoration does not begin within 12 months of the date of damage, the subsequent restoration shall be prohibited unless the restored structure shall conform to all the requirements of the zone.

Elimination. Any nonconforming structure shall be required to be eliminated or demolished, or brought into conformity, subject to the following provisions: