(A)   Purposes: This part regulates and limits the continued existence of uses, structures, and lots established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such uses, structures, and lots are located.

   The zoning districts established by this chapter are designed to guide the future use of land within the Village by encouraging the development or maintenance of desirable residential, commercial, office, and industrial areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such nonconformities is generally desirable.

   (B)   General Scope And Scheme Of Regulation: Separate restrictions are established for nonconforming uses of land and nonconforming uses of structures designed for a permitted use (§ 159-8.102 of this part), nonconforming uses of structures not designed for a permitted use (§ 159-8.103 of this part), nonconforming structures (§ 159-8.103 of this part), and nonconforming lots of record (§ 159-8.104 of this part). 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. Pursuant to § 159-2.309 of this chapter, provision is made for relief from some of the restrictions of this part when practical difficulties or a particular hardship exist.

   In the cases of nonconforming uses of land and nonconforming uses in structures designed for a permitted use, 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 these cases, while eventual elimination is required, a more extended period is allowed in which to amortize the investment. While the regulations of this part related to all other nonconformities allow such nonconformities to continue without specific limitation of time, they restrict further investments that would make more permanent their location in inappropriate districts.

   (C)   Exception For Repairs Pursuant To Public Order: Nothing in this part will 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 part prohibiting the repair or restoration of partially damaged or destroyed structures.

   (D)   Nonconforming Accessory Uses And Structures: No use or structure that is accessory to a principal nonconforming use or structure may continue after the principal use or structure has been terminated, unless it thereafter conforms to all the regulations of the zoning district in which it is located.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Authority To Continue: Except as provided in division (H) of this section, any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in divisions (B) through (G) of this section and in division 159-8.101(D) of this part.

   (B)   Ordinary Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring, or plumbing, may be performed on any structure containing a nonconforming use.

   (C)   No Structural Alteration: No structural alteration may be made in a building or other structure containing a nonconforming use, except in the following situations:

      (1)   When the alteration is required by law.

      (2)   When the alteration will actually result in elimination of the nonconforming use.

      (3)   When a building is in a residential zoning district containing residential nonconforming uses, the building may be altered in any way to improve livability, provided no structural alterations are made which would increase the number of dwelling units or the bulk of the building.

   (D)   Extension Of Use: A nonconforming use may not be extended, expanded, enlarged, or increased in intensity. Prohibited activity includes, without being limited to:

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

      (2)   An extension of the 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 chapter or any amendment that causes the use to become nonconforming; and

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

   (E)   Moving: No structure containing a nonconforming use may 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 thereafter conforms to all regulations of the zoning district in which it is located after being moved. No nonconforming use of land may be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the use thereafter conforms to all regulations of the zoning district in which it is located after being so moved.

   (F)   Change In Use: A nonconforming use may not be changed to any use other than a use permitted in the zoning district in which the use or structure is located. When a nonconforming use has been changed to a permitted use, it may not be changed back to any nonpermitted use. For purposes of this division, a use will be deemed to have been changed when an existing nonconforming use has been terminated and a permitted use has commenced and continued for a period of 5 days. Any change of use in violation of this division will be deemed to be an abandonment of the lawfully existing nonconforming use.

   (G)   Damage Or Destruction:

      (1)   When any structure is damaged or destroyed by any means not within the control of the owner to the extent of not more than 50% of the cost of replacement of the structure new, repair or restoration of the structure may be made and the nonconforming use may continue subject to the regulations of this section. However, no repairs or restorations may be made that would create any new parking, bulk, yard, or space nonconformity or increase the degree of any parking, bulk, yard, or space nonconformity existing prior to the damage or destruction, nor may any repairs or restoration be made except in conformity with the applicable zoning district regulations unless restoration is actually begun within 1 year after the date of the partial damage or destruction and is diligently pursued to completion.

      (2)   When any structure is damaged or destroyed, by any means, to the extent of more than 50% of the cost of replacement of the structure new or where a structure is damaged or destroyed by means within the control of the owner, the structure may not be restored unless the use of the structure thereafter conforms to the use regulations of the zoning district in which it is located and unless the restoration is accomplished without creating any new parking, bulk, yard, or space nonconformity or increasing the degree of any parking, bulk, yard, or space nonconformity existing prior to the damage or destruction.

   (H)   Termination By Abandonment: When a nonconforming use is discontinued or abandoned for a period of 6 consecutive months, regardless of any intent to resume or not to abandon the use, the use may not thereafter be reestablished or resumed. Any subsequent use or occupancy of the land or structure must comply with the use regulations of the zoning district in which the land or structure is located.

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

(Ord. 17-2-2065, passed 2-27-2017)

   (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 this part.

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

   (C)   Moving: No nonconforming structure may 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 thereafter conforms to the regulations of the zoning district in which it is located after being so moved.

   (D)   Damage Or Destruction:

      (1)   Not Within The Control Of The Owner. Any nonconforming structure that is damaged or destroyed, by any means not within the control of the owner, to any extent, may be repaired, restored, or replaced; provided, however, that no repair, restoration, or replacement may be made that would create any new nonconformity not existing prior to such damage or destruction nor shall any repair, restoration, or replacement except in conformity with the applicable district regulations be made unless the repair, restoration, or replacement is actually begun within 1 year after the date of such damage or destruction and is diligently pursued to completion.

      (2)   Within The Control Of The Owner. In no event may any damage or destruction to a nonconforming structure by means within the control of the owner be repaired, restored, or replaced except in accordance with division (B) of this section; provided, however, that a nonconforming structure that is damaged or destroyed by means within the control of the owner may be repaired, restored, or replaced in the following circumstances:

         (a)   If damaged or destroyed to the extent of 50% or less of the gross floor area of the structure, the repair, restoration, or replacement may not create any new nonconformity not existing prior to the damage or destruction; or

         (b)   If damaged or destroyed to the extent of more than 50% of the gross floor area of the structure, the nonconforming structure may only be repaired, restored, or replaced in conformity with all applicable district regulations except for lot area.

(Ord. 17-2-2065, passed 2-27-2017)

   (A)   Definition: A LEGAL NONCONFORMING LOT OF RECORD is a lot that:

      (1)   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

      (2)   Has remained in separate or individual ownership from such adjoining tracts of land continuously during the entire time since such lot became nonconforming by reason of this chapter or any predecessor zoning or other ordinance or regulation. For purposes of this section, a lot shall not be deemed to have been owned separately or individually unless the owner of such lot did not, directly or indirectly, have legal title to or a beneficial interest in the adjoining tracts of land at any relevant time.

   (B)   Authority To Use: 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, as follows:

      (1)   Residential Substandard Lots. A lot located in a residential district that does not contain sufficient area to conform to the dimensional requirements of this chapter, but is at least 50 feet wide and 6,000 square feet in area, may be used as a single building site provided that:

         (a)   The use is permitted in the zoning district.

         (b)   The lot is a lot of record in the Lake County Recorder of Deeds Office prior to the effective date of this chapter (February 27, 2017).

      (2)   Nonresidential Substandard Lots. A lot located in a nonresidential zoning district that does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site provided that the lot is a lot of record in the Lake County Recorder of Deeds Office prior to the effective date of this chapter (February 27, 2017).

      (3)   Setback And Yard Requirements. Substandard lots granted permits under this chapter are required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated in division (A) of this section will be issued only after a variance is granted.

   (C)   Contiguous Nonconforming Lots: Where 2 or more lots of record or combination of lots and portions of lots of record with continuous frontage are developed as a single zoning lot under single ownership or unified control, are of record at the time of passage or amendment of this chapter, and where all or part of the lots do not meet the requirements established for lot widths and area, the lots involved shall be considered to be a single zoning lot for the purpose of this chapter. No portion of the zoning lot shall be used or sold which would diminish compliance with the lot width and area requirements established by this chapter for the district in which the lots are located, and no building permit shall be issued for development on any such nonconforming lot.

(Ord. 17-2-2065, passed 2-27-2017)