A.   Purposes: This chapter regulates and limits the continued existence of uses, structures, and lots established prior to the effective date of this zoning code that do not conform to the applicable regulations of this zoning code.

The continued existence of nonconformities is frequently inconsistent with the purposes for which the zoning districts of this zoning code are established and thus the gradual elimination of such nonconformities is generally desirable.

   B.   General Score And Scheme Of Regulation: Separate restrictions are established for nonconforming uses of land and nonconforming uses of structures designed for a permitted use, nonconforming uses of structures not designed for a permitted use, nonconforming structures, nonconforming lots of record, and nonconforming signs. The degree of restriction made applicable to each category of nonconformity is generally related to the degree of incompatibility with permitted uses and the amount of investment typically associated with nonconformities of that type.

In the cases of nonconforming uses of land, nonconforming uses in structures designed for a permitted use, and nonconforming signs, the degree of incompatibility is frequently great, the investment is comparatively small, and the economic life is short. In these cases, elimination of the nonconformity is required after a relatively short, but reasonable, amortization period. In the case of nonconforming uses in structures not designed for any conforming use, the degree of incompatibility is also frequently great, but so too is the investment and economic life of the structure. In such cases, while eventual elimination is required, a more extended period is allowed in which to amortize the investment.

   C.   Exception For Repairs Pursuant To Public Order: Nothing in this chapter shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, provided such restoration is not otherwise in violation of the various provisions of this chapter prohibiting the repair or restoration of partially damaged or destroyed structures or signs.

   D.   Nonconforming Accessory Uses And Structures: No use, structure, or sign that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have been terminated, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.

   E.   Burden Of Owner To Establish Legality Of Nonconformity: The burden of establishing that any nonconformity is lawfully existing under the provisions of this chapter shall be upon the owner of such nonconformity in all cases and not upon the village.

   F.   Inventory; Notice: The village manager shall inventory all existing nonconforming uses as soon as practicable. The village shall notify in writing the owner or owners of record of each such nonconforming use, which notice shall state the village manager's determination that the particular use is nonconforming and shall provide to such owner or owners a copy of the provisions of this chapter applicable to such nonconforming use.

   G.   Certificate Of Zoning Compliance For Legal Nonconformities: The owner of any nonconforming use, structure, lot, or sign may at any time apply to the village manager for a certificate of zoning compliance to establish the legality of such nonconformity as of a specified date. Such application shall be filed and processed pursuant to the provisions of chapter 13 of this title.

If, upon reviewing an application for a certificate of zoning compliance for a nonconformity, the village manager shall determine that the use, structure, lot, or sign in question was lawfully existing at the time of the adoption of the provision creating the nonconformity in question and remains lawfully existing subject only to such nonconformity at the time of such application, and that any required affidavit is in order, then the village manager shall issue a certificate of zoning compliance evidencing such facts and setting forth the nature and extent of the nonconformity and the date, if any, upon which such nonconformity is required to be terminated; otherwise, the village manager shall decline to issue such certificate and shall declare such building, structure, lot, or sign to be in violation of this zoning code. (Ord., 10-2004)

   A.   Authority To Continue: Except as provided in subsection I of this section, any lawfully existing nonconforming use not involving the use of a structure, or involving only a structure that is accessory to a nonconforming use of land, or located in a structure designed for a use permitted in the district in which it is located may be continued so long as it remains otherwise lawful, subject to the regulations contained in subsections B through H of this section and in subsections 9-11-1D, E, and F of this chapter.

For purposes of this section, any structure that is used in connection with a nonconforming use of land and that has an assessed value of less than five thousand dollars ($5,000.00) on the effective date of this zoning code or any amendment hereto creating such nonconformity shall be considered to be a structure accessory to a nonconforming use of land.

   B.   Ordinary Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any structure that is accessory to a nonconforming use of land or that is designed for a permitted use but devoted in whole or in part to a nonconforming use; provided, however, that this subsection shall not be deemed to authorize any violation of subsections C through I of this section.

   C.   Structural Alteration: No structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use shall be structurally altered unless the use thereof shall thereafter conform to the use regulations of the zoning district in which it is located. No such alteration shall create a new parking, loading, bulk, yard, or space nonconformity or increase the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure. In determining whether a parking or loading nonconformity has been created or increased, the provisions of subsections 9-10-1B1 and 9-10-2B1 of this title shall control.

   D.   Enlargement Of Structure: No structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such structure shall thereafter conform to the use regulations of the district in which it is located. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure. In determining whether a parking or loading nonconformity has been created or increased, the provisions of subsections 9-10-1B1 and 9-10-2B1 of this title shall control.

   E.   Extension Of Use: A nonconforming use of land or of a structure that is accessory to a nonconforming use of land or a nonconforming use in a structure designed for a permitted use shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activity shall include, without being limited to:

      1.   An extension of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on the effective date of this zoning code or any amendment hereto that causes such use to become nonconforming; and

      2.   An extension of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this zoning code or any amendment hereto that causes such use to become nonconforming; and

      3.   An extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this zoning code or any amendment hereto that causes such use to become nonconforming.

   F.   Moving: No structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

   G.   Change In Use: A nonconforming use of land not involving a structure or involving only a structure that is accessory to the nonconforming use of land or a nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the use or structure is located. When such a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any nonpermitted use. For purposes of this subsection, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a permitted use shall have commenced and continued for a period of five (5) days. Any change of use in violation of this subsection shall be deemed to be an abandonment of the lawfully existing nonconforming use.

   H.   Damage Or Destruction: Any structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use and that is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the cost of replacement of such structure new shall not be restored unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located and unless such restoration is accomplished without creating any new parking, loading, bulk, yard, or space nonconformity or increasing the degree of any parking, loading, bulk, yard, or space nonconformity existing prior to such damage or destruction. In determining whether a parking or loading nonconformity has been created or increased, the provisions of subsections 9-10-1B1 and 9-10-2B1 of this title shall control.

When any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of fifty percent (50%) or less of the cost of replacement of the structure new, repair or restoration of such structure may be made and the nonconforming use may continue subject to the regulations of this section; provided, however, that no repairs or restorations shall be made that would create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any parking, loading, bulk, yard, or space nonconformity existing prior to such damage or destruction, nor shall any repairs or restoration except in conformity with the applicable zoning district regulations be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.

In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with subsections B, C, and D of this section.

   I.   Termination Of Certain Uses:

      1.   Termination By Abandonment: When a nonconforming use of land not involving a structure or involving only a structure that is accessory to the nonconforming use of land or when a nonconforming use of part or all of a structure that was designed for a use that is permitted in the zoning district in which such structure is located is discontinued or abandoned for a period of three (3) consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located.

Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection I1.

      2.   Termination By Amortization: Any nonconforming use of land not involving a structure or involving only a structure that is accessory to the nonconforming use of land, or any nonconforming use in a structure located in any residential district and designed for a use permitted in that district, that has not been terminated pursuant to any other provision of this zoning code shall be considered to have been terminated by amortization as of December 31, 1999. (Ord., 10-2004)

   A.   Authority To Continue: Except as provided in subsection I of this section, any lawfully existing nonconforming use located in a structure not designed or intended for any use permitted in the district in which it is located may be continued so long as it remains otherwise lawful, subject to the regulations contained in subsections B through H of this section and in subsections 9-11-1D, E, and F of this chapter.

   B.   Ordinary Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located; provided, however, that this subsection shall not be deemed to authorize any violation of subsections C through I of this section.

   C.   Structural Alteration: No structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located shall be structurally altered unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. No such alteration shall create a new parking, loading, bulk, yard, or space nonconformity or increase the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure. In determining whether a parking or loading nonconformity has been created or increased, the provisions of subsections 9-10-1B1 and 9-10-2B1 of this title shall control.

   D.   Enlargement Of Structure: No structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located shall be enlarged or added to in any manner, including the interior addition of floor area, unless the entire structure and the use thereof shall thereafter conform to all the regulations of the district in which it is located. No such alteration shall create a new parking, loading, bulk, yard, or space nonconformity or increase the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure. In determining whether a parking or loading nonconformity has been created or increased, the provisions of subsections 9-10-1B1 and 9-10-2B1 of this title shall control.

   E.   Extension Of Use:

      1.   Prohibited Extensions: A nonconforming use in a structure not designed or intended for any use permitted in the district in which such structure is located shall not be extended, expanded, enlarged, or increased in intensity by:

         a.   An extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this zoning code or any amendment to it that causes such use to become nonconforming; or

         b.   An extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this zoning code or any amendment to it that causes such use to become nonconforming.

      2.   Permitted Extensions: A nonconforming use in a structure not designed or intended for any use permitted in the district in which such structure is located may be extended throughout any part of such structure lawfully existing on the effective date of this zoning code or any amendment to it that causes such use to become nonconforming; provided, however, that such extension shall not be allowed unless off street parking and loading spaces required for such extension can be, and are, provided in accordance with the requirements and restrictions of sections 9-10-1 and 9-10-2 of this title. No such extension shall be deemed to affect the duty to terminate such use pursuant to subsection I of this section.

   F.   Moving: No structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

   G.   Change In Use: A nonconforming use in a structure not designed or intended for a use permitted in the district in which such structure is located shall not be changed to any use other than a use permitted in the zoning district in which the structure is located or in a more restrictive zoning district. When a nonconforming use has been changed to a permitted use of the subject or more restrictive zoning district, it shall not thereafter be changed to any use other than a use permitted in the subject or more restrictive district. For purposes of this subsection, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a permitted use of the subject or more restrictive district shall have commenced and continued for a period of five (5) days. Any change of use in violation of this subsection shall be deemed to be an abandonment of the lawfully existing nonconforming use.

   H.   Damage Or Destruction: Any structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located that is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the cost of replacement of such structure new shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located and unless such restoration is accomplished without creating any new parking, loading, bulk, yard, or space nonconformity or increasing the degree of any existing parking, loading, bulk, yard, or space nonconformity of such structure existing prior to such damage or destruction. In determining whether a parking or loading nonconformity has been created or increased, the provisions of subsections 9-10-1B1 and 9-10-2B1 of this title shall control. When any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of fifty percent (50%) or less of the cost of replacement of the structure new, repair or restoration of such structure may be made and the nonconforming use may continue subject to the regulations of this section; provided, however, that no repairs or restorations shall be made that would create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any parking, loading, bulk, yard, or space nonconformity of such structure existing prior to such damage or destruction nor shall any repairs or restoration except in conformity with the applicable zoning district regulations be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.

In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with subsections B, C, and D of this section.

   I.   Termination Of Certain Uses:

      1.   Termination By Abandonment: When a nonconforming use of a part or all of a structure that was not designed or intended for any use permitted in the zoning district in which such structure is located is discontinued or abandoned for a period of six (6) consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such structure shall comply with the use regulations of the district in which such structure is located.

Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection I1.

      2.   Termination By Amortization: Any structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located that has not been terminated pursuant to any other provision of this zoning code shall be either converted to a conforming use or shall be demolished and removed no later than the date provided in the following schedule. The regulation in this subsection I2 shall not apply to residential uses in the B-2 central business district, but such residential uses shall comply with every other applicable provision of this chapter.

 

 

(Ord., 10-2004)

   J.   Exceptions For Renovation Of Certain Buildings In Residential Districts:

      1.   Purpose; Applicability To Qualified Buildings: The purpose of the exceptions stated in this subsection J is to encourage the preservation of old buildings in the R-3, R-4, and R-5 single- family residential districts that, in the past, were put to uses no longer authorized in the zoning districts in which they are classified and that are intended for residential use not incompatible with adjacent residential uses. This subsection applies to any building that meets all of the following standards (a "qualified building"):

         a.   The building was initially constructed prior to January 1, 1900;

         b.   The building was designed and used for residential uses or as a boarding house, corporate retreat center, or similar quasi- residential use;

         c.   The building has been classified in the R-3, R-4, or R-5 single-family residential district continuously since January 1, 2009; and

         d.   The building is being renovated for a residential use in a manner so that the exterior appearance of the building after renovation is consistent with its original character.

      2.   Exception From Structural Alteration Provisions Of Subsection C Of This Section: The structural alteration provisions in subsection C of this section do not apply to the renovation of a qualified building so long as that building satisfies all of the standards set forth in subsection J5 of this section.

      3.   Exception From Termination Provisions Of Subsection H Of This Section: Subject to the next sentence of this subsection J3, the damage or destruction provisions in subsection H of this section do not apply to a qualified building so long as that building satisfies all of the standards set forth in subsection J5 of this section. Any qualified building that is damaged or destroyed by any means may be restored only: a) in a manner consistent with the original character of the structure or b) in a manner that conforms to all of the regulations of the zoning district in which it is located, including, without limitation, use, bulk, yard, and space regulations.

      4.   Exception From Termination Provisions Of Subsection I Of This Section: The termination provisions in subsection I of this section do not apply to a qualified building so long as that building satisfies all of the standards set forth in subsection J5 of this section.

      5.   Required Standards: No exceptions stated in this subsection J may apply to any qualified building except only if all of the following standards are met:

         a.   The qualified building must be renovated in a manner so that the exterior appearance of the building after renovation is consistent with its original character.

         b.   The qualified building may be used only for a single-family dwelling, two-family dwellings, or multiple-family dwellings, and for no other use at any time.

         c.   The minimum lot area per dwelling unit for every qualified building is twenty thousand (20,000) square feet.

The standards set forth in this subsection J5 may not be modified or varied in any manner, notwithstanding any provision of chapter 17 or 22 of this title.

      6.   Board Of Trustees Approval Required; Conditions: In addition to any other process or approval required by this zoning code, no qualified building may be structurally altered without the prior approval of the board of trustees by ordinance or resolution in a form suitable for recording against the zoning lot on which the qualified building is located. The board of trustees may impose conditions on the approval of a structural alteration as it deems appropriate to promote the purpose of this subsection J and to prevent an application of the provisions of this subsection J contrary to that purpose.

      7.   Recording: The ordinance or resolution approved by the board of trustees pursuant to subsection J6 of this section must be recorded in the office of the Lake County recorder of deeds against the zoning lot on which the qualified building is located prior to the issuance of any permit for work on the qualified building authorized by the ordinance or resolution. (Ord. 2009-11-673, 11-16-2009)

   A.   Authority To Continue: Any nonconforming structure that is devoted to a use that is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in subsections B through D of this section and subsections 9-11-1D, E, and F of this chapter.

   B.   Maintenance, Alterations, And Enlargement: Any nonconforming structure may be repaired, maintained, altered, or enlarged; provided, however, that no such repair, maintenance, alteration, or enlargement shall either create any new nonconformity or increase the degree of the existing nonconformity of all or any part of such structure.

For the purposes of this section, the horizontal extension of an exterior wall of an existing structure shall not be construed to increase the degree of an existing nonconformity related to a required side yard or setback; provided, however, that no such horizontal extension shall be permitted within five feet (5') of any side lot line.

   C.   Moving: No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being so moved.

   D.   Damage Or Destruction: Any nonconforming structure that is damaged or destroyed, by any means not within the control of the owner thereof, to any extent, may be repaired or restored; provided, however, that no repair or restoration shall be made that would create any new nonconformity not existing prior to such damage or destruction nor shall any repair or restoration except in conformity with the applicable district regulations be made unless a building permit is obtained and restoration is actually begun within one year after the date of such damage or destruction and is diligently pursued to completion.

In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with subsection B of this section. (Ord., 10-2004)

In any zoning district, a legal nonconforming lot of record may be used for any use permitted in the district in which it is located if, but only if, the following requirements are met:

   A.   Such lot must have a total lot area and must have a total lot width of at least sixty five percent (65%) of the lot area and lot width required in the district in which said lot is located, as follows:

   DISTRICTS1

 

 

 

Note:

      1.   These figures represent 65 percent of the district requirement in every district except the R-5 district.

   B.   The development of such lot meets at least seventy five percent (75%) of the side yard and rear yard requirements of the district in which it is located, as follows:

   DISTRICTS

 

 

 

 

 

   Note:

      1.   The side yard standard shall be 5.25 feet in the R-5 district for lots less than 10,000 square feet developed prior to 1991.

   C.   The development of such lot meets all requirements of the district in which it is located, including, without limitation, floor area ratio, lot coverage, and front yard requirements, except lot area and width requirements and side and rear yard requirements.

   D.   Such lot is shown by a recorded plat or deed to have been a lot of record owned separately or individually from adjoining tracts of land at a time when the creation of a lot of such size, depth, and width at such location would not have been prohibited by any zoning or other ordinance or regulation and that said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time since such lot became nonconforming by reason of this zoning code or any predecessor zoning or other ordinance or regulation. For purposes of this subsection, a lot shall not be deemed to have been owned separately and individually unless the owner of such lot did not, directly or indirectly, have legal title to or enjoy the beneficial interest in the lot or lots contiguous thereto at any relevant time. (Ord. 2013-12-944, 1-6-2014)