Lake County Zoning Code § 59.5 Alterations

• (a) If no structural alterations or enlargements are made, a non-conforming use of a building may, upon obtaining a major use permit in each case, be changed to another non-conforming use of the same or more restrictive use classification.

  • (b) A legal non-conforming use of land may be enclosed by a building upon obtaining a major use permit in each case, provided that the use area of the non-conforming use is not expanded, and additional uses are not initiated. The Review Authority shall make the following additional findings in each case:

    1. The major use permit has been conditioned so that the non-conforming use more closely meets applicable performance standards for the particular use in relationship to other permitted uses of the district.

    2. The visual appearance of the site will be improved by landscaping, screening or enclosure of existing outdoor use area.

    3. The overall effect of granting the major use permit will result in a nonconforming use that is more compatible with other uses of the district in which it is located.

  • (c) A non-conforming use, building or structure for which a major use permit has been granted pursuant to Subsections (a) and (b) of this Section shall remain nonconforming.

• 59.6 Abandonment: Except as set forth in Sections 59.2 and 59.4, if any non-conforming use is abandoned for a period of two (2) years or more after the effective date of the zoning district, then any subsequent use of the property shall conform to the regulations of the particular zoning district in which the property is located. (Ord. No. 2961, 10/25/2011)

• 59.7 Repair and maintenance: Any building or structure existing at the effective date of the zoning district which is non-conforming in use, design or arrangement shall be allowed to be repaired and maintained if not enlarged to occupy a greater area; provided for in Section 59.5.

• 59.8 Replacement: Any non-conforming building or structure destroyed by fire, explosion or other casualty or act of God to the extent of fifty (50) percent or less of its replacement value, as determined by the Director of Building and Safety, may be rebuilt.

• 59.9 Major destruction of a non-conforming building or structure or use: Except as set forth in Section 59.2, whenever a non-conforming building or structure is destroyed by fire, explosion or other casualty or act of God to the extent of fifty-one (51) percent or more of the replacement value of the building or structure, as determined by the Director of Building and Safety, the structure may be restored or reconstructed to allow continuation of the same nonconforming use only upon first securing a major use permit in each case.

NOTE: Ord. No. 2128, effective 1/14/1993, amended Article 59 in its entirety as herein setout. Formerly Article 59 contained similar provisions and was derived from Ord. No. 1602, 11/13/1986 and amended by Ord. No. 1749, 7/7/1988 and Ord. No. 1897, 12/7/1989.

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