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. (Ord., 12-15-1964 as amended)

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 alterations 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 include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such replacement.

   B.   Additions And Enlargements: 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.

   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 into which it is moved.

   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 fifty percent (50%) 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 fifty percent (50%) of the cost of reconstructing the entire building or structure, no repairs or construction shall be made unless such restoration 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 which is vacant on the effective date of this title or thereafter becomes vacant 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 Structure: The nonconforming use of a building or structure may be changed to a use permitted in the district in which the building or structure is located, but no change 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.   Exemptions:

         a.   No building, structure, or use rendered nonconforming by virtue of this title, shall be subject to the amortization provisions of this section solely by reasons of being nonconforming with respect to the standards prescribed in this title for any of the following:

Building height

Floor area ratio

Yards – front, side or rear

Lot area

Lot width

Gross floor area

Off-street parking or loading spaces

         b.   No dwelling, lawfully established on the effective date of this title and located in any residence district, shall be subject to the amortization provisions of this title.

         c.   No lawful building, structure or use located in any manufacturing district, shall be subject to the amortization provisions of this section; and no lawful building, structure or use, located in a business district shall be subject to the amortization provisions of this title if it is a permitted building, structure or use in any business district, except as provided for elsewhere in subsection G2 of this section.

         d.   A lawful building, structure or use shall be deemed to include any building, structure or use for which a building permit or occupancy permit has been issued prior to the effective date of this title, and on which construction covered by such building permit is completed or will be completed within the required period of time, as set forth in this title.

      2.   Amortization Schedules: Any building or structure which is located in a residence district and all or substantially all of such building or structure is designed or intended for a use permitted only in a business or manufacturing district, and any building or structure which is located in a B1 business district and all or substantially all of such building or structure is designed or intended for a use permitted only in a B2 business or an M1 or M2 manufacturing district, shall be removed or shall be altered, remodeled, or converted for a permitted use within six (6) months after the amortization period of such building or structure, which is hereby established in accordance with the respective amortization period set forth below. Assessed valuations referred to in subsections G2a1, G2a2 and G2a3 of this section are the unequalized assessed valuations of improvements of a lot, established for real estate tax purposes for the year of 1962 by Cook County.

         a.   Assessed Valuation More Than Five Thousand Dollars: In accordance with the types of construction classification set forth in the building code of the village.

            (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, 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, whichever last occurs.

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

         c.   Assessed Valuation Under Two Thousand Dollars: Four (4) years from date of original building permit or two (2) years from effective date of this title 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:

      1.   The nonconforming use of a part of such building or structure shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

      2.   If a nonconforming use of such a building or structure is discontinued 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 are located.

      3.   No nonconforming use shall be changed to another nonconforming use.

      4.   Any nonconforming use which exists in a residence district at the adoption of this title but is herein not permitted in any district or is herein permitted only in a business or manufacturing district, and which is located in a conforming building, shall be entirely discontinued within five (5) years from the date of adoption of this title.

   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.   Such nonconforming use shall not be expanded or extended beyond the area it occupies.

      2.   If such a nonconforming use of land is discontinued 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.   No nonconforming use shall be changed to another nonconforming use.

   J.   Elimination Of Nonconforming Use Of Land: The nonconforming use of land shall be discontinued in accordance with the following. Assessed valuations referred to in subsections J2 and J3 of this section are the unequalized assessed valuations of improvements on a lot established for real estate tax purposes for the year of 1962 by Cook County.

      1.   Where no buildings or structures are employed in connection with such use of land, discontinued within one year after the effective date of this title.

      2.   Where 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 after the effective date of this title, and where such buildings or structures, and land improvements 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), but less than five thousand dollars ($5,000.00), discontinued within five (5) years after the effective date of this title, or when such buildings and structures and such land improvements have an assessed valuation of more than five thousand dollars ($5,000.00), discontinued within twenty five (25) years after the effective date of this title.

      3.   Where such use of land, except inadequate off-street parking facilities, is maintained in connection with a conforming building or structure, the use of which complies with the requirements of the district in which it is located, such use of land may be continued for so long as the premises are so used.

      4.   Where such 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. (Ord., 12-15-1964 as amended)