Non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the Districts in which such uses are located. These were lawful before this Ordinance was passed or amended, but they are prohibited, regulated, or restricted under the terms of this Ordinance or may be under future amendments hereto. It is the intent of this Ordinance to permit these nonconforming uses to continue until they are removed but not to encourage their survival. Within the districts established by this Ordinance or by amendments that may later be adopted, there may exist, singularly or in combination:

a.

Nonconforming lots;

b.

Nonconforming structures;

c.

Nonconforming uses of land; and

d.

Nonconforming uses of land and structures in combination.

A nonconforming lot, structure or use of land shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the District in which such use is located.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently. Actual construction is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.

The process for determining abandonment shall be followed by the process set forth in the 7.9 Notice of Abandonment.

a.

In the Single Family Detached District (R-SF), Medium Density Residential Special Zone District (R-MD-SZ) and the High Density Residential Special Zone District (R-HD-SZ), notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory structures may be erected on any single legal lot of record as of the effective date of the adoption of this Ordinance. The lot must be in separate ownership, included in a subdivision of record in the Office of the Lake County Recorder, and not of contiguous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width or both that are generally applicable to the district. Yard dimensions, including yard requirements not involving area or width of the lot, shall conform to the regulations for the district in which the lot is located. Variances of requirements listed in Section 7.0 of this Ordinance, other than lot area or lot width, shall be obtained only through action of the Board of Zoning Appeals. (Note: This section shall apply only to single-family residences.)

b.

If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Ordinance.

c.

A nonconforming lot may be continued but may not be extended, expanded, or changed unless to a conforming use.

d.

If any nonconforming use of lot ceases for any reason for a period of more than twelve (12) consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

a.

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not now be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provision:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

b.

Any nonconforming structure damaged or destroyed by fire, flood, explosion, or other casualty to the extent of not more than fifty (50) percent of the fair market value of the building immediately prior to the damage, may be reconstructed and used as before if the following apply:

(1)

Reconstruction has begun within twelve (12) months of the casualty and construction completed within thirty-six (36) months of commencement. An extension may be granted by the Board of Zoning Appeals.

(2)

The restored structure has no greater coverage and contains no greater cubic content than before the casualty.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

c.

Any nonconforming structure damaged or destroyed by fire, flood, explosion, or other casualty to the extent of more than fifty (50) percent of the fair market value of the building immediately prior to the damage, may not be reconstructed and used as before.

d.

If no structural alterations are made, any nonconforming use of a structure may be changed to another nonconforming use provided that the Board of Zoning Appeals approves of the change.

e.

If any nonconforming structure ceases for any reason for a period of more than twelve (12) consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

Where, at the time of adoption of this Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:

a.

No such conforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.

b.

No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this Ordinance.

c.

If any such nonconforming uses of land are discontinued or abandoned, as defined in the Section 7.9 Notice of Abandonment for more than one year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.

d.

No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

e.

A nonconforming use of land may be continued but may not be extended, expanded, or changed unless to a conforming use.

f.

An existing nonconforming use which occupies only a portion of an existing structure may be extended throughout the structure, provided the change or extension does not eliminate, displace, prevent, or restrict the continuance of any then existing use being concurrently carried on in the structure which conforms with the requirement of this Ordinance.

g.

If any nonconforming use of land ceases for any reason for a period of more than twelve (12) consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

h.

Accessory dwelling units in existence prior to the adoption of this Ordinance shall be considered pre-existing, nonconforming uses and shall follow the standards set forth in this section.

a.

If a lawful use involving individual structures, or a structure and land in combination, exists at the effective date of adoption or amendment of this Ordinance that would not now be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.

(2)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(3)

When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned as defined in the Section 6.9 Notice of Abandonment for more than one (1) year (except when government action impedes access to the premises), the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(4)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

b.

A nonconforming use of land, or structure, or both in combination may be continued but may not be extended, expanded, or changed unless to a conforming use.

c.

If no structural alterations are made, any nonconforming use of a structure and land, may be changed to another nonconforming use provided that the Board of Zoning Appeals approves of the change.

d.

If any nonconforming use of lot, use of land, or structure, or in combination ceases for any reason for a period of more than twelve (12) consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

a.

An illegal nonconforming use is:

(1)

A use, lot or structure that was constructed in violation of this Ordinance; or

(2)

A use that was initiated in violation of this Ordinance; or

(3)

A use that was legally initiated, but abandoned for a period of one (1) year.

b.

An illegal nonconforming use or structure is subject to actions and penalties allowed by the Zoning Ordinance and all other applicable City laws. Such structure or use shall be made to conform to all applicable standards and regulations of this Ordinance.

c.

A legal nonconforming structure or use results from a change in the provisions of the ordinance that renders non-compliant a structure or use that previously conformed to the ordinance. The non-compliance is not a result of the fault or inappropriate action of the owner, tenant, or property manager

a.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent of the current replacement cost of the nonconforming structure and market value of real estate, or nonconforming portion of the structure, whichever the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

b.

Any nonconforming use damaged or destroyed by fire, flood, explosion, or other casualty to the extent of not more than fifty (50) percent of the fair market value of the building immediately prior to the damage, may be reconstructed and used as before if the following apply:

(1)

Reconstruction has begun within twelve (12) months of the casualty and construction completed within thirty-six (36) months of commencement. An extension may be granted by the Board of Zoning Appeals.

(2)

The restored structure has no greater coverage and contains no greater cubic content than before the casualty.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

c.

Any nonconforming use damaged or destroyed by fire, flood, explosion, or other casualty to the extent of more than fifty (50) percent of the fair market value of the building immediately prior to the damage may not be reconstructed and used as before.