In addition to and in support of the purpose and intent for which this Title is enacted generally, this Chapter is enacted for the following specific purposes and intent:

   A.   To establish standards for the continued maintenance and operation of existing nonconforming buildings and structures where the outright or gradual elimination of such buildings and structures would cause undue hardship.

   B.   To provide for the elimination, over time, of nonconforming uses of lots, structures and buildings which are adaptable to conforming uses.

   C.   To encourage the preservation and restoration of landmark buildings and places of historic interest and aesthetic merit.

   D.   To establish procedures for the inspection and restoration of nonconforming uses which are in violation of the provisions of this Title and the other land development ordinances of the Village. (Ord. 91-341, 4-2-1991)

Any vacant lot established prior to the adoption of the Ordinance codified in this Title and which was in compliance with the requirements of the Ordinance in effect at the time of its establishment but which now fails to meet the minimum area or width requirements of this Title or of the district in which it is located may be used, developed, maintained or redeveloped in conformance with the following standards:

   A.   A nonconforming lot may be used for any use in the district in which it is located except that any use for which there is an extraordinary area requirement or width requirement shall not be permitted use for a nonconforming lot. Such extraordinary area or width requirement may be found in Table 2, Section 10-4-4, or in Sections 10-5-4, 10-5-5 or 10-5-6 of this Title. A permit for an on-site waste water disposal system as issued by the Lake County Health Department shall be required prior to the establishment or enlargement of a use on a nonconforming lot.

   B.   All regulations and standards of this Title other than those established for area and width shall be met.

   C.   The provisions of the other land development ordinances of the Village, including but not limited to the Flood Plain Ordinance, Title 9, and the Subdivision Control Ordinance, Title 11, shall also apply to the use of nonconforming lots.

   D.   No subdivision, plat, vacation or other division of a lot or other parcel of land shall be made that would result in establishment of a nonconforming lot.

   E.   Relief from these provisions shall only be granted by the issuance of a variation as provided by this Title.

   F.   A nonconforming lot shall not be entitled to the establishment, enlargement or extension of either a nonconforming use or a nonconforming structure solely by virtue of its nonconformance.

   G.   With respect to the provisions of this Chapter regarding the regulations and restrictions upon nonconforming uses and structures, nonconforming lot shall be entitled to the same consideration as conforming lots except that practical difficulties arising from the nonconformance or the degree of nonconformance may be considered in the regulation of any use or structure thereon.

   H.   A lot which is or was illegally created shall not become a legal nonconforming lot solely by virtue of the enactment of this Title. (Ord. 91-341, 4-2-1991)

   I.   Within the Southeast District, the following special provisions shall apply:

      1.   A nonconforming recorded lot is a tract of land, designated on a duly recorded subdivision plat or by other lawful means which has less than the minimum lot area or width or other dimension prescribed for the Southeast District, and which met the lot area, width and other dimensions for the zone in which it was located at the time of such recording.

      2.   A nonconforming recorded lot shall be subject to the following provisions:

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

         b.   Side And Rear Yards: Each side yard and rear yard for principal building shall be ten percent (10%) of the lot width except that any yard shall be a minimum of four feet (4'). For corner lots, the minimum side yard abutting the side street shall be thirty feet (30').

         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.   Setback Of 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.   Nonconforming Recorded Subdivisions: It is the intent of this Section to regulate the development of subdivisions where substantial portions of the blocks or lots, or the entire subdivision, are nonconforming and undeveloped without adequate access.

         g.   Regulation: Where platted subdivisions existed on or before March 31, 1966, containing nonconforming lots where roads have not been installed, and where these lots do not have direct access to an improved and approved street, and are held in common ownership, these lots shall be combined to meet the minimum requirements of the Lake County Health Department for septic systems and individuals wells, but in no case shall the lot size be less than the minimum requirements of the NC/UR-3 zone of the Lake County Zoning Ordinance in effect as of April 11, 1997.

         h.   Exception: Notwithstanding any other provision contained herein, if the applicant can prove that he would have qualified for a building permit for the desired structure had such a permit been applied for to the Lake County Building Department after January 1, 1997, but prior to February 4, 1997, then in that event, such use shall not be prohibited by this District provided that said use is confined to a single-family residence or related accessory structure. (Ord. 97-476, 4-15-1997)

Any building or other structure established, built, remodeled or enlarged prior to the adoption of this Title, or any building or other structure established, built, remodeled or enlarged in compliance with the regulations in effect at the time, but which now fails to meet the yard, height, bulk or similar requirements of the district in which it is located, shall only be used, maintained, remodeled, enlarged or otherwise altered in conformance with the following standards:

   A.   Repairs And Alterations:

      1.   Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alteration which increases the bulk of the building or structure shall be made in or to a nonconforming building or structure; all or substantially all of which is designated or intended to accommodate a use not currently allowed in the district in which it is located, except those required by law or except to make the building or structure and the use thereof, conform to the regulations of the district in which it is located. For the purpose of this Section, repairs shall include the replacement or of substitutions for, building machinery or other mechanical equipment not involving structural alterations to the building or structure, except as hereinabove provided.

      2.   Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.

   B.   Additions And Enlargements: A nonconforming building or structure which is nonconforming as to the yard, lot or bulk regulations and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:

      1.   Applicable regulations concerning the amount of lot area provided per dwelling unit, as established in this title.

      2.   The allowable floor area ratio as provided in this title.

      3.   The allowable gross floor area per establishment, as provided in this title.

      4.   The parking space requirements contained in section 10-5-9 of this title.

   C.   Relocation Of Building Or Structure: No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located. (Ord. 91-341, 4-2-1991)

   D.   Restoration Of Damaged Structure: A nonconforming building or structure which is destroyed or damaged by fire, other casualty or act of God to the extent that the estimated restoration of the building to its condition before the occurrence exceeds fifty percent (50%) of the original square footage of the entire building in the opinion of the village, shall not be restored unless said building or structure, and the use thereof, shall conform to all of the regulations of the district in which it is located. In the event that the restoration of such damage or destruction is less than fifty percent (50%) of the original square footage of the entire building in the opinion of the village, the building may be restored to its original condition; however, no such repair or reconstruction shall be made unless started within one year from the date of partial destruction and completed within one year thereafter. If the restoration is not started within one year of the occurrence and diligently prosecuted to completion, then the owner shall cause the building or structure to be removed and the area cleared. (Ord. 2013-898, 6-18-2013)

   E.   Dilapidated Structure: Any nonconforming structure which remains unoccupied for a period of twelve (12) consecutive months and is in a dilapidated condition or in an unsafe condition as provided in the building code shall be removed.

   F.   Existing Parcels: To avoid extreme hardship, any parcel which is situated within the agricultural, suburban estate or suburban residential zoning district, which existed as of April 2, 1991, shall be deemed to be a conforming parcel, provided that the total square footage area of the parcel equals not less than ninety percent (90%) of the square footage required within the zoning district in which it is located. (Ord. 91-341, 4-2-1991)

Any use other than a conditional use which was established prior to the adoption of this title or which was a permitted use in the district in which it was established at the time of its establishment, but which is not now a use permitted in the district in which it is located, may be continued, maintained, enlarged, relocated or discontinued only in accordance with the following standards and regulations:

   A.   Additions Or Enlargements: A nonconforming use shall not be enlarged or expanded. For the purpose of this subsection, "enlargement or expansion" shall mean any increase in the floor area occupied by the use beyond building in which it is located or any expansion onto a lot in any district in which the use would also be a nonconforming use.

   B.   Alterations To Structure: There shall be no enlargement, expansion, structural alteration or increase in the bulk of a building or structure containing a nonconforming use except that such enlargement shall be in all respects conforming to the regulations of the district in which it is located and the use of such enlarged portion of the structure is a permitted use subject to the issuance of a conditional use permit. (Ord. 91-341, 4-2-1991)

   C.   Damaged Or Destroyed Buildings:

      1.   Any building or structure containing a nonconforming use which is destroyed or damaged to the extent that the restoration to its condition before the occurrence exceeds fifty percent (50%) of the original square footage of the entire building in the opinion of the village, shall only be restored for use as a permitted use or a conditional use subject to the issuance of a conditional use permit. Such restored building shall conform to the regulations of the district in which it is located.

      2.   Any building or structure containing a nonconforming use which is destroyed or damaged to the extent that the restoration to its condition before the occurrence is less than fifty percent (50%) of the original square footage of the entire building in the opinion of the village, may be restored to its original condition and may be used to continue the nonconforming use subject to the provisions for nonconforming uses herein.

      3.   No damaged or destroyed nonconforming use permitted to be reestablished as provided herein shall be reestablished without the issuance of an occupancy permit. (Ord. 2013-898, 6-18-2013)

   D.   Discontinued Use:

      1.   If the nonconforming use of any building or structure is discontinued for a period of one year or if a building or structure containing a nonconforming use remains vacant for whatever reason for a period of one year, the nonconforming use of such a building or structure shall be considered abandoned and the building or structure thereafter shall only be used for a permitted use or a conditional use subject to the issuance of a conditional use permit, except as provided in subsection D2 of this section.

      2.   The nonconforming use of a unique structure, if abandoned as provided above, may be reestablished as the same nonconforming use or as another nonconforming use requiring no physical adaptation of the structure provided that such use shall not be expanded or enlarged beyond the size of the original nonconforming use.

      3.   A discontinued or abandoned nonconforming use permitted to be reestablished as provided herein shall not be reestablished without the issuance of an occupancy permit.

   E.   Change Of Use:

      1.   The nonconforming use of a building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, may be changed to a use allowed in the most restrictive district in which the nonconforming use which presently occupies the building or structure is a permitted or a conditional use or to a use permitted in a more restrictive district. For the purpose of this subsection, the AG district shall be considered the most restrictive and the LI district the least restrictive district. Such a change of use shall not result in the enlargement of the nonconforming use or structure.

      2.   A nonconforming use shall not be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

      3.   The nonconforming use of land not involving a building or structure thereon which is incidental or accessory to the principal use of the land shall not be changed to any other use, except to a use permitted in the district in which the land is located.

   F.   Industrial Uses: Any industrial use which is a nonconforming use in the district in which it is located shall comply with the industrial performance standards established in section 10-5-1 of this title. (Ord. 91-341, 4-2-1991)

Any accessory use either permitted or required by this title which was established prior to the adoption of this title or which was a permitted accessory use at the time of establishment of such accessory use shall be continued, enlarged, replaced or removed only in accordance with the following regulations and standards:

   A.   Signs: All nonconforming signs shall be removed or relocated to a permitted location within one year of the adoption of this title or any amendment hereto which results in the nonconformance.

   B.   Parking And Loading: The off street parking and loading requirements and standards established in section 10-5-9 of this title are equally applicable to conforming and nonconforming uses. Failure to provide adequate off street parking and loading facilities shall not establish a use as a nonconforming use. The following regulations shall apply:

      1.   Any use for which off street parking and loading standards are established by this title which is a nonconforming use shall either provide or expand the parking in conformance with the requirements for such use as a permitted use or as otherwise approved by the village board or shall reduce the area, extent, number of employees or other appropriate measure to conform to the parking available. The nonconforming status of the principal use shall not be used as a basis for determining a lesser parking requirement than that established by this title.

      2.   Any permitted use in a district for which off street parking and loading standards are established by this title shall provide parking in conformance with such standards or as otherwise approved by the village board within one year of the adoption of this title or any amendment thereto which results in the nonconformance.

   C.   Other Accessory Uses And Buildings: Any other nonconforming structure or use accessory to either a permitted or a nonconforming use shall be regulated by the provisions of this chapter as they otherwise apply to nonconforming principal structures and uses. (Ord. 91-341, 4-2-1991)