Any lawful use of land or structures or any structure, existing at the date of passage of this zoning ordinance, or subsequent amendment thereto, and located in a zone in which it would not be permitted as a new use or structure under the terms of this zoning ordinance, is declared to be a legal nonconformance. It is the intent of this zoning ordinance to encourage their conversion to conformance where possible, and to permit these nonconformances to continue until terminated either by voluntary act or by amortization. (Ord. 2006-05-01, 5-10-2006)

   A.   Definitions: A nonconforming recorded lot is a tract of land designated: 1) on a duly recorded subdivision plat; or 2) by a duly recorded deed; or 3) by other lawful means; which has less than the minimum lot area, width, or other dimension prescribed for the particular zone in which it is located, and which met all the area, width and other criteria for the zone in which it was located at the time of such recording, but was made nonconforming by a subsequent amendment to this title. If a tract of land, which is entitled to a building permit under the terms of this title, either as a conforming lot or as a nonconforming recorded tract or lot, is reduced in size by the acquisition of a portion of said tract, by negotiation or by condemnation, for highway purposes by the Lake County highway department or by the state department of transportation, division of highways, or by the village of Lake Villa, or other public agency, the remainder of said tract shall have the status of a legal nonconforming recorded lot.

   B.   Special Regulations For Nonconforming Recorded Lots: A nonconforming recorded lot shall be subject to the following provisions: (Ord. 2006-05-01, 5-10-2006)

      1.   In residential zones (AG, SR, UR1, UR2, UR3, UR3A, UR4, CR, R1, R2, SR1, SR2, SR3, SR4, and NC): (Ord. 2006-05-01, 5-10-2006; amd. Ord. 2014-07-01, 7-9-2014)

         a.   Permitted Uses: A nonconforming recorded lot may be used for a single-family dwelling and accessory uses.

         b.   Side And Rear Yards: Each side yard shall be a minimum of ten percent (10%) of the lot width (except that any yard shall be a minimum of 4 feet, but need not be greater than required by section 10-3C-2, table 2 of this title, and in no case greater than 10 feet). The rear yard provided for the principal use shall be a minimum of ten feet (10'). For accessory structures, the rear yard and the side yard shall be a minimum of five feet (5').

         c.   Front Yard Requirements: The minimum front yard requirement of twenty percent (20%) of the depth of a nonconforming, recorded lot shall be required.

         d.   Buildable Width On Corner Lots: On a nonconforming recorded corner lot the buildable width shall be at least equal to twenty two feet (22') plus one foot (1') for each two feet (2') that the width of the lot exceeds twenty four feet (24') less than the area required for the interior yard.

         e.   Accessory Buildings: A new or relocated accessory building need not be set back from the main front wall of the nearest existing accessory building or principal structure more than one foot (1') for each four feet (4') of distance between such adjoining buildings.

         f.   Adjoining Front Or Rear: From a street, park, beach, lake, or waterway adjoining the front or rear, the setback shall be at least the average of the setbacks of existing similar improvements on the lots within one hundred fifty feet (150') in both directions of such park, beach, lake, waterway or street.

      2.   In any other zone:

         a.   Permitted Uses: A nonconforming, recorded lot may be used for any principal use and accessory uses permitted in the zone in which it is located.

         b.   Side Yards: Each side yard required for a nonconforming recorded lot shall be determined by multiplying the actual width of the lot by the yard required in the zone in which the lot is located, divided by the minimum lot width required in the zone in which the lot is located. However, no nonconforming side yard shall be less than five feet (5').

         c.   Front Yard, Rear Yard, Height Restrictions, Coverage, And Floor Area Ratio: A nonconforming, recorded lot shall comply with the same front yard, rear yard, height restriction, coverage, and floor area ratio as specified for the zone in which it is located.

   C.   Adjacent Lots: No deed creating or conveying a nonconforming recorded lot shall create any actual side yard or actual rear yard on any adjacent and improved lot which does not comply with the other side yard and/or rear yard requirements of this zoning ordinance.

   D.   Construction, Repair And Alteration: Construction of new buildings, or repair of existing buildings that are being used for permitted uses but are located on nonconforming recorded lots, shall be permitted as follows:

      1.   Any building, located on a nonconforming, recorded lot, may be repaired and maintained, but may not be expanded beyond the limitations of subsection B of this section.

      2.   Any building, located on a nonconforming, recorded lot, which is damaged or destroyed by a catastrophic event can be rebuilt for its last permitted use to the extent of its original development. A new building can be constructed on a nonconforming recorded lot for any permitted use to the extent permitted in subsection B of this section. (Ord. 2006-05-01, 5-10-2006)

   A.   Definition: A nonconforming structure is a structure legally established prior to the effective date of the zoning ordinance or subsequent amendment thereto, which would not be permitted as a new structure in the zone in which it is located, under the terms of the zoning ordinance.

   B.   Regulations: All nonconforming structures shall be subject to the following regulations:

      1.   Reconstruction Of A Destroyed Nonconforming Structure: A nonconforming structure shall be considered destroyed if the structure is damaged to an extent of more than fifty percent (50%) of the replacement cost of that portion of the principal and accessory buildings, which are above grade.

The means of destruction of a nonconforming structure shall determine whether or not it may be rebuilt to its nonconforming configuration.

         a.   Destruction By Catastrophic Event: A nonconforming structure, which is destroyed by means of a catastrophic event such as fire, flood, wind, hail, explosion or accident (in the absence of a primary cause of destruction, listed under subsection B1b of this section) may be rebuilt to its configuration as of the effective date hereof. In no instance shall a nonconformity be enlarged, extended, or in any other way, increase the nonconformance.

         b.   Destruction By Means Other Than Catastrophic Event: A nonconforming structure, which is destroyed by means other than a catastrophic event (as listed in subsection B1a of this section) such as intentional destruction by the property owner through demolition, arson or other means, may not be rebuilt to its most recent configuration. Any structure built on the subject property must conform to all regulations of this title governing new development.

      2.   Repair Of A Damaged Nonconforming Structure: A nonconforming structure shall be considered damaged if the extent of the damage is less than that qualifying a structure as destroyed under subsection B1 of this section. Damage may be repaired to the extent of the configuration of the structure as of the effective date hereof. In no instance shall a nonconformity be enlarged, extended, or in any other way, increase the nonconformance. (Ord. 2006-05-01, 5-10-2006)

      3.   Normal Maintenance And Repairs Of A Nonconforming Structure: Normal maintenance and repairs shall be permitted. In no instance shall a nonconformity be enlarged, extended, or in any way, increase the nonconformance.

      4.   Enlargements, Extensions Or Alterations Of A Nonconforming Structure: Enlargements, extensions, or alterations of a nonconforming structure shall be permitted, provided that the enlargement, extension, or alteration does not increase the nonconformance.

      5.   Garages And Additions To Dwellings: Nothing herein shall be construed as prohibiting additions to any dwelling regardless of the zone in which such dwellings are located, nor shall anything herein be construed as prohibiting the construction of a garage as an accessory use to any dwelling unit regardless of the zone in which the dwelling is located. (Ord. 2004-01-01, 1-14-2004)

   A.   Definition: A nonconforming use is an activity using land or structures or both, legally established prior to the effective date hereof or subsequent applicable amendment thereto, which would not be permitted under the current terms of this title.

   B.   Modification Of A Nonconforming Use: A nonconforming use shall not be expanded, or changed to any more intensive use (other than a more intensive use which is permitted in the zone in which it is located).

   C.   Discontinuation Of A Nonconforming Use: The regulation of discontinued nonconforming use is discontinued per subsections C1 and C2 of this section.

      1.   Temporary Discontinuation: A nonconforming use shall be considered temporarily discontinued if it ceases regular operation for a continuous period of less than three hundred sixty five (365) days. A short term or periodic resumption of a discontinuation of activity associated with a nonconforming use shall not be considered "regular operation" unless said nonconforming use is customarily periodic in nature (such as an annual carnival or fair, seasonal produce stand, or other periodic use).

      2.   Abandonment Of A Nonconforming Use: A nonconforming use shall be considered abandoned if it ceases regular operation for a continuous period of three hundred sixty five (365) days or more. Periodic or short term resumption of activity associated with a nonconforming use shall not be considered "regular operation" unless said nonconforming use shall not be reestablished, and any subsequent use of the land or structure shall conform to the regulations of the zone in which the property is located. Uses of land not involving buildings, structures, excavation activity, filling activity or storage activity, such as agriculture, gardening, and passive commercial recreation or passive noncommercial recreation uses shall be exempt from this prohibition on reestablishment after discontinuation. (Ord. 2004-01-01, 1-14-2004)

   A.   In all residential zones, any use of a structure, all, or substantially all, of which is designed or intended for a use permitted only in a residential zone, but is being used for a use permitted only in a commercial or industrial zone, shall be terminated within five (5) years of the effective date of these zoning regulations.

   B.   In all commercial zones, any use of a structure, all, or substantially all, of which is designed or intended for a use permitted only in a commercial zone, but is being used for a use permitted only in an industrial zone, shall be terminated within ten (10) years of the effective date of these zoning regulations.

   C.   In all industrial districts any use of a structure, all, or substantially all, of which is designed or intended for a use permitted only in an industrial district, but is being used for a use permitted only in a commercial district, shall be terminated within fifteen (15) years of the effective date of these zoning regulations. (Ord. 2004-01-01, 1-14-2004)