Lake County Municipal Code Art. LIX Non-Conforming Uses, Buildings and Structures

(a) Single-family dwellings, manufactured homes, and trailer coaches of two hundred and forty (240) square feet or more may be replaced by a single-family dwelling which meets the single-family residential development standards of Sections 10.14 through 10.21. Single-family dwellings may be replaced, provided they are substantially replaced or rebuilt within two (2) years of their removal or destruction, or enlarged in compliance with other provisions of this Chapter.

(b) Single-family dwellings that do not conform to current setback or coverage requirements may be permitted to be reconstructed in the same location and configuration upon securing a minor use permit, provided that the replacement structure is found to be compatible with other development in the vicinity.

(c) Non-conforming single-family dwellings that are repaired, reconstructed, enlarged, or remodeled equivalent to fifty-one percent (51%) percent or more of the replacement value, or additions or cumulative additions equivalent to fifty percent (50%) percent or more of the size of the original dwelling, as determined by the Director of Building and Safety, must meet all of the criteria of Sections 10.14 through 10.21.

(a) The number of animals existing on the effective date of this article shall not be increased except as provided in Subsection (b) of this Section.

(b) New offspring of existing animals may be retained on-site until four months of age or until weaned, after which the new animals are to be removed.

(c) Deceased animals that are not replaced within 90 days, or animals that are relocated for a period greater than 90 days, are not to be replaced.

(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, except as permitted in Section 59.1, 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 non-conforming 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 non-conforming.

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 non-conforming use only upon first securing a major use permit in each case.

(Ord. No. 2961, 10-25-2011)

Note— Ord. No. 2128, effective January 14, 1993, amended Article 59 in its entirety as herein setout. Formerly Article 59 contained similar provisions and was derived from Ord. No. 1602, adopted November 13, 1986 and amended by Ord. No. 1749, adopted July 7, 1988 and Ord. No. 1897, adopted December 7, 1989.