A. Expansion: A nonconforming use of land existing on the effective date hereof may be continued; provided, however, that no such nonconforming use of land shall, in any way, be expanded or extended, either on the same or adjoining property, except for construction that is intended to bring the property into compliance with the Americans with disabilities act requirements.
B. Improvement, Repair And Maintenance:
1. Routine Repair And Maintenance Of Nonconforming Structure: Normal maintenance or minor repair of a nonconforming structure shall be permitted. Nonstructural repairs include roof replacement, foundation tuck pointing, window replacement, painting, replacement of trim and siding, and other normal maintenance activities. "Minor repairs" shall be defined as repairs that are nonstructural in nature. The cumulative value of the maintenance or repair work during any thirty six (36) month period shall not exceed sixty percent (60%) of the fair market value of the property prior to conducting of the maintenance, based on an appraisal prepared by a state of Illinois certified real property appraiser. If the value of repairs exceeds sixty percent (60%) of the fair market value of the property, the building or structure shall be brought into conformance with the provisions of this title. Value of repairs shall be determined based on material costs and prevailing wage rates.
2. Remodeling And Alterations Of Nonconforming Use:
a. If remodeling costs exceed the lesser of one hundred thousand dollars ($100,000.00) or sixty percent (60%) of the fair market value of a property, based on an appraisal performed by a certified real property appraiser, in any continuous thirty six (36) month period, the property shall be brought into conformance with this title.
b. Structural alterations or additions to a building that is nonconforming with respect to the height and/or setback requirements established in section 10-8-1 of this title shall be permitted; provided, that no such alteration or addition shall increase the existing nonconformity or create a new nonconformity.
3. Restoration Of Destroyed Nonconforming Use: A nonconforming building that has been damaged by fire, explosion, or act of God to the extent of more than fifty percent (50%) of its reproduction value shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than fifty percent (50%) of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of damage; provided, that all portions of the structure being restored are not and were not on or over the property line, the nonconformity is not increased, and a certificate of occupancy is issued within one year of the date of the damage. (Ord. 03-O-9, 3-18-2003)