(A)   Introduction. The regulations of this subchapter govern uses, structures, lots, and other situations that came into existence legally but that do not comply with one or more requirements of this chapter.

   (B)   Applicability.

      (1)   This subchapter applies to nonconformities created by initial adoption of or amendments to this chapter.

      (2)   It also applies to nonconformities that were legal nonconformities under previously applicable ordinances, even if the type or extent of nonconformity is different.

   (C)   Increase prohibited. A nonconformity shall not be increased except to the extent otherwise specifically authorized by this subchapter.

   (D)   Continuation permitted. Any nonconformity that legally existed on the date of adoption of this chapter or that becomes nonconforming upon the adoption of any amendment to this chapter may be continued in accordance with the provisions of this subchapter.

   (E)   Determination of nonconformity status. The burden of establishing that any nonconformity is a nonconformity shall, in all cases, be upon the owner of the nonconformity.

   (F)   Replacement values.

      (1)   Replacement value for all structures shall be interpreted as three times the assessed valuation of the improvement (based on information obtained from the Township Assessor) unless the applicant provides replacement valuation data prepared by a certified appraiser.

      (2)   When assessed valuation data is not available and the subject owner has not provided appraisal data, the Planning, Building and Development Director shall be authorized to determine replacement value based on the best available data.

   (G)   Repairs and maintenance. Incidental repairs and normal maintenance of nonconforming situations shall be permitted unless the repairs increase the extent of nonconformity or are otherwise expressly prohibited by this chapter. Nothing in this subchapter shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.

   (H)   Tenancy and ownership. The status of a nonconformity is not affected by changes of tenancy, ownership or management.

(Ord., § 12.1, passed 10-13-2009; Ord. passed - -) Penalty, see § 10.99

   (A)   Definition. A nonconforming use is a use that was legally established but which no longer complies with the use regulations of the zoning district in which it is located.

   (B)   Expansion.

      (1)   A nonconforming use shall not be enlarged or expanded unless the expansion eliminates or reduces the nonconforming aspects of the situation.

      (2)   Subsection (B)(1) of this section shall not be construed as prohibiting additions to any dwelling regardless of the zoning district in which the dwellings are located, nor shall any provision of this subchapter be construed as prohibiting the construction of any use that is accessory to a dwelling unit regardless of the zoning district in which the dwelling is located.

      (3)   Expansion for the sole purpose of complying with off-street parking standards of this chapter shall not be considered expansion of a nonconforming use.

      (4)   No temporary use permit shall be issued for a site containing a nonconforming use, if the proposed temporary use or event has the potential to generate additional traffic, noise, or other adverse impacts on the surrounding area.

   (C)   Change of use. A nonconforming use shall not be changed to any use other than a use allowed in the zoning district in which it is located.

   (D)   Loss of nonconformity status.

      (1)   Abandonment. If a nonconforming use ceases for any reason for a period of more than one year, the use shall be considered abandoned. Once abandoned, the use’s nonconforming status shall be lost and reestablishment of the use shall be prohibited. Any subsequent use of the property shall comply with the regulations of the zoning district in which it is located.

         (a)   Submission of complete stamped engineering or architectural drawings showing an itemized list of all materials involved in the project (excluding open appliances); and

         (b)   Submission of at least two contractor’s cost estimates based on the architectural drawings, consisting of labor and all materials. The Planning, Building and Development Director may waive the above submission requirement upon a determination that the extent of damage or destruction appears to be significantly below the 50% threshold based on available information.

   (E)   Accessory uses. No use that is accessory to a principal nonconforming use shall continue after the principal use has ceased or terminated.

   (A)   Definition. A nonconforming structure is any building or structure that was legally established but which no longer complies with any of the following:

      (1)   The density and dimensional standards of § 151.125; and

      (2)   The floodplain development standards of § 151.147.

   (B)   Use. A nonconforming structure may be used for any use allowed in the underlying zoning district, subject to all applicable standards of §§ 151.110 through 151.114.

   (C)   Expansion. A nonconforming structure may be enlarged or expanded if the expansion does not increase the extent of nonconformity.

 

 

   (D)   Moving. A nonconforming structure may be moved if the movement or relocation eliminates the nonconformity. This provision shall not be interpreted as prohibiting the elevation of a nonconforming structure for the purpose of floodproofing or repair.

      (1)   Replacement cost calculations will consist of the following process:

         (a)   Submission of complete stamped engineering or architectural drawings showing an itemized list of all materials involved in the project (excluding open appliances);

         (b)   Submission of at least two contractor’s cost estimates based on the architectural drawings, consisting of labor and all materials. The Planning, Building and Development Director may waive the above submission requirement upon a determination that the extent of damage or destruction appears to be significantly below the 50% threshold based on available information.

   (F)   Nonconforming structures within floodplains. The owner of a nonconforming structure that has been removed from a floodplain may apply for a permit to re-establish the structure outside the floodplain, provided that a permit application for the re-establishment is submitted within one year of the date that the structure was demolished. Once a permit has been approved, the structure must be reestablished before expiration of the permit.

   (H)   Nonconforming single family dwelling and accessory structures.

      (1)   A legal nonconforming single family dwelling or an accessory structure on a foundation may be restored if deteriorated, damaged, or destroyed to an extent greater than 50% of the replacement cost of the structure, provided that the following standards are met:

         (a)   The restored structure does not extend further into any required setback than the existing structure prior to improvement or rebuilding;

         (b)   The restored structure is located at least ten feet from the street lot line and at least four feet from the side and rear lot lines;

         (b)   The existing structure is located at least ten feet from the street lot line and at least four feet from the side and rear lot lines;

         (c)   The structure complies with the maximum height requirement;

         (d)   If the proposed improvement constitutes “substantial improvement” (see § 151.271), the water’s edge setback requirement shall apply; or

         (e)   If the structure is located in the floodplain and if the improvement constitutes “substantial improvement” (see § 151.271), the entire structure shall be brought into conformance with the floodplain provisions of §§ 151.145 through 151.154.

   (A)   Definition. A nonconforming lot is a tract of land, designated on a duly recorded subdivision plat, or by a duly recorded deed, or by other lawful means that complied with the lot area, lot width, and other dimensional standards of the zoning district in which it was located at the time of its creation, but that does not comply with the minimum lot area, lot width, or other dimensional requirement of the zoning district in which it is now located. If a lot is rendered nonconforming or made more nonconforming by a public agency’s acquisition of a portion of the lot or by the rezoning of the lot, the lot shall have the status of a nonconforming lot.

   (B)   Uses.

 

 

      (2)   In AG, RE, E, R1–R6, and RR Districts, an accessory detached garage not to exceed 576 square feet in size, underground utilities, or a boathouse may be constructed at or after the time of issuance of a building permit for a principal dwelling on a nonconforming parcel under the same ownership on the opposite side of an alley, easement, or right-of-way. The placement of a new septic system or an addition to an existing septic system other than the repair of an existing septic system located on a parcel on the opposite side of an alley, easement or right-of-way shall require written approval from the highway authority having jurisdiction over the subject right-of-way and shall require consolidation through the covenant method as specified in subsection (D)(3)(b) below.

      (3)   In all other districts, vacant nonconforming lots may be developed with uses allowed in the underlying zoning district, provided that the uses or structures containing the uses comply with the minimum standards of this section and the requirements of the Lake County Health Department or other agency providing sewer service. If the underlying zoning district allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area, lot width or other dimensional and use standards, while others would not, then only the uses or intensities that comply with applicable dimensional and use standards shall be permitted.

   (C)   Dimensional standards. Development on nonconforming lots shall comply with the dimensional standards of the underlying zoning district, except as expressly stated in this section.

      (1)   Agricultural and residential zoning districts. The following dimensional standards shall apply to development on nonconforming lots located in AG, RE, E, R1–6, or RR Districts.

         (a)   Front setbacks. The minimum front setback shall be 20% of the lot depth or the underlying zoning district setback, whichever is less. Double-frontage (through) lots shall maintain a front setback from both streets.

         (b)   Interior side and rear setbacks. The minimum interior side and rear setback for principal structures shall be four feet or 10% of the lot width, whichever is greater. This provision shall not be interpreted as requiring a greater setback than specified for the underling zoning district. The minimum interior side and rear setbacks for accessory structures shall be four feet.

         (c)   Street side setbacks. The minimum street side setback shall be four feet, plus one-half foot of additional setback for each foot lot width above 28 feet. However, if the Planning, Building and Development Director determines that the abutting road right-of-way is currently unimproved and is likely to remain unimproved, the street side setbackshall be the same as an interior side setback. Setbacks from alleys shall be the same as otherwise applicable side or rear setbacks. In all cases, structures shall comply with the intersection visibility standards of § 151.172.

 

 

         (d)   Setback from water bodies. All structures except those expressly exempted in §§ 151.125 through 151.132, shall be set back from all water bodies in accordance with §§ 151.145 through 151.154.

         (e)   Impervious surface. Lots that are nonconforming due to insufficient area shall be allowed an impervious surface ratio (ISR) of 0.50, provided that, for lots located within the Agricultural, Rural Estate, Estate, and Residential-1 Zoning Districts, in no event shall the impervious surface exceed the impervious surface threshold for a minimally conforming lot in the underlying zoning district. The Planning, Building and Development Director may allow an increase in ISR to a maximum of 0.60 provided an on-site inspection is conducted to determine that there shall be no adverse impact resulting from flooding or drainage on the neighboring properties due to increase in impervious surface. In the event of an anticipated adverse impact, the Planning, Building and Development Director shall either deny the increase or shall approve the increase subject to additional engineering requirements and improvements that will mitigate the impact. All other nonconforming lots shall comply with the impervious surface requirements of the underlying zoning district. ISR shall be calculated by dividing the total area of all impervious surfaces on the site by the site’s base site area.

 

 

         (f)   Height.

            1.   The maximum height of principal structures on nonconforming lots of less than 60 feet in width shall be 30 feet plus one-third foot for each foot of lot width above 40 feet up to the maximum height allowed in the underlying zoning district, except in the AG zone or on lots equal to or greater than 40,000 square feet in area. Accessory structures shall not exceed 12 feet in height at the minimum side and rear setback of four feet.

            2.   For each one foot of additional setback beyond four feet, the height of the accessory structure may be increased by two feet, to a maximum height of 20 feet or 25 feet in the AG District.

 

 

         (g)   Floor area of accessory structures. The combined floor area of all accessory structures on the subject parcel shall not exceed one and one-half times the floor area of the principal structure on the parcel.

      (2)   Nonresidential zoning districts. The following dimensional standards shall apply to development on nonconforming lots located in all zoning districts except AG, RE, E, R1–6, or RR Districts.

         (a)   Front setbacks. The minimum front setback shall be 20% of the lot depth or the required zoning district setback, whichever is less. In all cases, the minimum front setback shall be at least ten feet. Double-frontage (through) lots shall maintain a front setback from both streets.

         (b)   Interior side setbacks. No side setback shall be less than ten feet unless expressly allowed by the underlying zoning district.

         (c)   Rear setback. Nonconforming lots shall comply with the rear setback requirements of the underlying zoning district.

         (d)   Street setback. The minimum street side setback shall be four feet, plus one-half foot of additional setback for each foot of lot width above 28 feet. In all cases, structures shall comply with the intersection visibility standards of § 151.172.

 

         (e)   Setback from water bodies. All structures except those expressly exempted in §§ 151.125 through 151.132, shall be set back from all water bodies in accordance with §§ 151.145 through 151.154.

         (f)   Height, impervious surface, and floor area ratio. Nonconforming lots shall comply with the height, impervious surface, and floor area ratio requirements of the underlying zoning district. An accessory structure on a nonconforming lot that abuts a residential zoning district shall not exceed 12 feet in height at the minimum side and rear setback. For each one foot of additional setback beyond the minimum required setback, the maximum height of the accessory structure may be increased by two feet, to a maximum height of 25 feet.

      (3)   Detached house (single family) dwellings. If there is an existing detached house (single family) dwelling located on a nonconforming lot in a zoning district other than an AG, RE, E, R1–6, or RR District, any addition to a principal or accessory building or any new accessory building thereto shall be governed by the setbacks in subsection (C)(2)(a) above, rather than subsection (C)(2)(b) above. However, no single family dwelling or accessory building shall be converted to a nonresidential use permitted in that zoning district unless it complies with the setback requirements of subsection (C)(2)(b) above.

   (D)   Development standards for nonconforming recorded lots.

      (1)   Standards. The following standards shall apply to the development of a single nonconforming lot in platted subdivisions. These standards shall apply to the establishment of principal or accessory structures.

         (a)   Minimum requirements of the Lake County Health Department for individual sewage disposal system and individual well shall be met if sewer is not present.

         (b)   Each lot shall have direct access to an improved street approved by the relevant highway authority.

         (c)   Drainage improvements consistent with the site development standards of §§ 151.145 through 151.154 shall be met.

      (2)   Consolidation of parcels.  

         (a)   A consolidation of parcels shall be required in the following instances when it is necessary to use any contiguous nonconforming recorded parcel(s) held in common ownership:

            1.   For construction of a new principal residential or nonresidential structure that does not meet the setback from the common parcel line unless the structure straddles the common parcel line;

            2.   For construction of an addition to an existing residential or nonresidential structure that will not meet the setback from a common parcel line unless the structure or addition straddles the same common parcel line;

            3.   For construction of an accessory residential building on the same parcel on which the principal residential structure exists that will not meet the setback requirement from the common parcel line unless the existing principal residential structure straddles the same common parcel line;

            4.   For any new residential or nonresidential construction that will not meet the impervious surface ratio requirement if the ISR was calculated only on one parcel; or for any new nonresidential construction that will not meet the floor area ratio requirement if the FAR was calculated only on one parcel;

            5.   For construction of any of the following improvements on a parcel on which the principal residential structure is not located:

               a.   More than one accessory residential building;

               b.   An accessory residential building larger than 576 square feet in size;

               c.   A new septic system; or

               d.   An addition to an existing septic system.

            6.   For construction of any of the following improvements on a parcel on which the principal nonresidential structure is not located:

               a.   Any new nonresidential accessory building;

               b.   A new septic system; or

               c.   An addition to an existing septic system.

         (b)   Construction of accessory structures such as decks, porches, gazebos, pergolas, sheds, ground-mounted solar energy systems, and pools shall be exempt from the consolidation requirement, provided that these structures meet the setback requirement from the common lot line.

         (c)   Improvements such as reroofing, residing, electrical upgrades, interior alterations, installation of exterior air conditioning/heating units, seawalls, retaining walls, the repair of failing septic systems, driveways, and fences shall be exempt from the consolidation requirement.

         (d)   The adjustment or movement of a common boundary line between two or more contiguous parcels under common ownership, consisting of at least one nonconforming recorded lot, may be accomplished through a consolidation (in lieu of the lot split subdivision requirements of § 151.186(B)(3)(b)), provided that the adjustment or movement does not increase the extent of nonconformity of either lot (i.e., the extent of nonconformity remains the same or decreases for each resulting parcel).

      (3)   Required method of consolidation; covenant.

         (a)   A consolidation of parcels through covenant refers to any required consolidation within the boundaries of a platted subdivision, of metes and bounds parcels, not within the boundaries of a platted subdivision, or the consolidation of one or more metes and bounds parcels with a parcel, located within the boundaries of a platted subdivision, that has been vacated through a written vacation instrument in accordance herewith.

         (b)   A consolidation by covenant shall be executed through a signed, notarized, and recorded covenant on forms available from the Planning, Building and Development Department.

         (c)   Through the covenant, the applicant shall agree that all parcels comprising the consolidation of parcels shall remain in common ownership in perpetuity, and shall henceforth be considered one zoning lot for development purposes.

         (d)   The covenant would be binding on the applicant’s successors and assigns.

         (e)   The Planning, Building and Development Director shall have the authority to approve a consolidation through covenant as contemplated in this subsection (D)(3) and to execute the written covenant instrument on behalf of the county.

 

 

   (A)   Definition. A nonconforming sign is a sign that was legally established but which no longer complies with the sign regulations of this chapter.

   (B)   Expansion. A nonconforming sign shall not be enlarged, expanded or otherwise improved except for the purpose of normal maintenance.

 

 

   (C)   Moving. A nonconforming sign shall not be moved in whole or in part to any other location unless the move results in the entire sign being brought into compliance with all applicable regulations of this chapter.

   (D)   Loss of nonconforming status. If a sign is destroyed by any means by more than 50% of its value, it shall not be reestablished except in compliance with all applicable regulations of this chapter.

   (E)   Signs accessory to nonconforming uses and structures. Signs accessory to nonconforming uses and structures shall be permitted, subject to the applicable sign standards of § 151.173.

(Ord., § 12.5, passed 10-13-2009)

   A use that was legally established in accordance with all landscaping regulations in effect at the time of establishment shall not be deemed nonconforming solely due to the fact that it does not comply with the landscaping regulations of § 151.167.

(Ord., § 12.6, passed 10-13-2009)

   The County Board shall be authorized to order the amortization of existing nonconformities in accordance with the requirements of the Illinois Compiled Statutes.

(Ord., § 12.7, passed 10-13-2009)