§ 151.233  NONCONFORMING LOTS.
   (A)   Definition.  A nonconforming lot is a tract of land, designated on a duly recorded subdivision plat, or by a duly recorded deed, or by other lawful means that complied with the lot area, lot width, and other dimensional standards of the zoning district in which it was located at the time of its creation, but that does not comply with the minimum lot area, lot width, or other dimensional requirement of the zoning district in which it is now located. If a lot is rendered nonconforming or made more nonconforming by a public agency’s acquisition of a portion of the lot or by the rezoning of the lot, the lot shall have the status of a nonconforming lot.
   (B)   Uses.
      (1)   In AG, RE, E, R1–6, and RR Districts, vacant nonconforming lots may be developed with a detached house, government uses or structures containing no assembly space, basic utility structures, local food gardens, or ground-mounted solar energy systems provided that the use complies with the minimum standards of this section and the requirements of the Lake County Health Department or other agency providing sewer service.
 
COMMENTARY:
It is the county’s desire to integrate necessary governmental use and structures and utility structures into unincorporated areas as seamlessly as possible to avoid potential land use conflicts. To that end, the county encourages new governmental uses and structures and basic utility structures to be located on conforming lots already containing the uses or structures. When this is not possible or practical, a conforming nonresidentially-zoned lot is the most desirable location. A nonconforming nonresidentially zoned lot or a conforming residentially-zoned lot is the next most desirable location. The least desirable location is a nonconforming, residentially-zoned lot.
 
      (2)   In AG, RE, E, R1–R6, and RR Districts, an accessory detached garage not to exceed 576 square feet in size, underground utilities, or a boathouse may be constructed at or after the time of issuance of a building permit for a principal dwelling on a nonconforming parcel under the same ownership on the opposite side of an alley, easement, or right-of-way. The placement of a new septic system or an addition to an existing septic system other than the repair of an existing septic system located on a parcel on the opposite side of an alley, easement or right-of-way shall require written approval from the highway authority having jurisdiction over the subject right-of-way and shall require consolidation through the covenant method as specified in subsection (D)(3)(b) below.
      (3)   In all other districts, vacant nonconforming lots may be developed with uses allowed in the underlying zoning district, provided that the uses or structures containing the uses comply with the minimum standards of this section and the requirements of the Lake County Health Department or other agency providing sewer service. If the underlying zoning district allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area, lot width or other dimensional and use standards, while others would not, then only the uses or intensities that comply with applicable dimensional and use standards shall be permitted.
   (C)   Dimensional standards.  Development on nonconforming lots shall comply with the dimensional standards of the underlying zoning district, except as expressly stated in this section.
      (1)   Agricultural and residential zoning districts.  The following dimensional standards shall apply to development on nonconforming lots located in AG, RE, E, R1–6, or RR Districts.
         (a)   Front setbacks.  The minimum front setback shall be 20% of the lot depth or the underlying zoning district setback, whichever is less. Double-frontage (through) lots shall maintain a front setback from both streets.
         (b)   Interior side and rear setbacks.  The minimum interior side and rear setback for principal structures shall be four feet or 10% of the lot width, whichever is greater. This provision shall not be interpreted as requiring a greater setback than specified for the underling zoning district. The minimum interior side and rear setbacks for accessory structures shall be four feet.
         (c)   Street side setbacks. The minimum street side setback shall be four feet, plus one-half foot of additional setback for each foot lot width above 28 feet. However, if the Planning, Building and Development Director determines that the abutting road right-of-way is currently unimproved and is likely to remain unimproved, the street side setbackshall be the same as an interior side setback. Setbacks from alleys shall be the same as otherwise applicable side or rear setbacks. In all cases, structures shall comply with the intersection visibility standards of § 151.172.
 
COMMENTARY:
Street Side Setbacks
   The minimum street side setback on nonconforming lots is four feet, plus one-half foot for each foot of lot width above 28 feet.
Examples:
   Lot Width (Ft.)   Minimum Setback (Ft.)
      28      4
      29      4.5
      30      5
      31      5.5
      40      10
      50      15
 
         (d)   Setback from water bodies.  All structures except those expressly exempted in §§ 151.125 through 151.132, shall be set back from all water bodies in accordance with §§ 151.145 through 151.154.
         (e)   Impervious surface. Lots that are nonconforming due to insufficient area shall be allowed an impervious surface ratio (ISR) of 0.50, provided that, for lots located within the Agricultural, Rural Estate, Estate, and Residential-1 Zoning Districts, in no event shall the impervious surface exceed the impervious surface threshold for a minimally conforming lot in the underlying zoning district. The Planning, Building and Development Director may allow an increase in ISR to a maximum of 0.60 provided an on-site inspection is conducted to determine that there shall be no adverse impact resulting from flooding or drainage on the neighboring properties due to increase in impervious surface. In the event of an anticipated adverse impact, the Planning, Building and Development Director shall either deny the increase or shall approve the increase subject to additional engineering requirements and improvements that will mitigate the impact. All other nonconforming lots shall comply with the impervious surface requirements of the underlying zoning district. ISR shall be calculated by dividing the total area of all impervious surfaces on the site by the site’s base site area.
 
COMMENTARY:
Impervious Surface Threshold for Nonconforming Lots
   The impervious surface for nonconforming lots in the Agricultural, Rural Estate, Estate and Residential-1 Zoning Districts shall not exceed the impervious surface threshold for a minimally conforming lot in the underlying zoning district.
   Examples:
   Zoning District   Impervious Surface Threshold (Sq. Ft.)
      AG, RE      20,000
      E      12,000
      R-1      8,000
 
         (f)   Height.
            1.   The maximum height of principal structures on nonconforming lots of less than 60 feet in width shall be 30 feet plus one-third foot for each foot of lot width above 40 feet up to the maximum height allowed in the underlying zoning district, except in the AG zone or on lots equal to or greater than 40,000 square feet in area. Accessory structures shall not exceed 12 feet in height at the minimum side and rear setback of four feet.
            2.   For each one foot of additional setback beyond four feet, the height of the accessory structure may be increased by two feet, to a maximum height of 20 feet or 25 feet in the AG District.
 
COMMENTARY:
   Height
   Lot Width (Ft.)   Maximum Height (Ft.)
      30      30
      40      30
      45      31 ft., 8 in.
      50      33 ft., 4 in.
      55      35
      60      40
 
         (g)   Floor area of accessory structures.  The combined floor area of all accessory structures on the subject parcel shall not exceed one and one-half times the floor area of the principal structure on the parcel.
      (2)   Nonresidential zoning districts.  The following dimensional standards shall apply to development on nonconforming lots located in all zoning districts except AG, RE, E, R1–6, or RR Districts.
         (a)   Front setbacks.  The minimum front setback shall be 20% of the lot depth or the required zoning district setback, whichever is less. In all cases, the minimum front setback shall be at least ten feet. Double-frontage (through) lots shall maintain a front setback from both streets.
         (b)   Interior side setbacks.  No side setback shall be less than ten feet unless expressly allowed by the underlying zoning district.
         (c)   Rear setback.  Nonconforming lots shall comply with the rear setback requirements of the underlying zoning district.
         (d)   Street setback. The minimum street side setback shall be four feet, plus one-half foot of additional setback for each foot of lot width above 28 feet. In all cases, structures shall comply with the intersection visibility standards of § 151.172.
 
COMMENTARY:
Street Side Setbacks
   The minimum street side setback on non-conforming lots is four feet, plus one-half foot for each foot of lot width above 28 feet.
Examples:
Lot Width (Ft.)
Minimum Setback (Ft.)
28
4
29
4.5
30
5
31
5.5
40
10
50
15
 
         (e)   Setback from water bodies.  All structures except those expressly exempted in §§ 151.125 through 151.132, shall be set back from all water bodies in accordance with §§ 151.145 through 151.154.
         (f)   Height, impervious surface, and floor area ratio.  Nonconforming lots shall comply with the height, impervious surface, and floor area ratio requirements of the underlying zoning district. An accessory structure on a nonconforming lot that abuts a residential zoning district shall not exceed 12 feet in height at the minimum side and rear setback. For each one foot of additional setback beyond the minimum required setback, the maximum height of the accessory structure may be increased by two feet, to a maximum height of 25 feet.
      (3)   Detached house (single family) dwellings.  If there is an existing detached house (single family) dwelling located on a nonconforming lot in a zoning district other than an AG, RE, E, R1–6, or RR District, any addition to a principal or accessory building or any new accessory building thereto shall be governed by the setbacks in subsection (C)(2)(a) above, rather than subsection (C)(2)(b) above. However, no single family dwelling or accessory building shall be converted to a nonresidential use permitted in that zoning district unless it complies with the setback requirements of subsection (C)(2)(b) above.
   (D)   Development standards for nonconforming recorded lots.
      (1)   Standards.  The following standards shall apply to the development of a single nonconforming lot in platted subdivisions. These standards shall apply to the establishment of principal or accessory structures.
         (a)   Minimum requirements of the Lake County Health Department for individual sewage disposal system and individual well shall be met if sewer is not present.
         (b)   Each lot shall have direct access to an improved street approved by the relevant highway authority.
         (c)   Drainage improvements consistent with the site development standards of §§ 151.145 through 151.154 shall be met.
      (2)   Consolidation of parcels. 
         (a)   A consolidation of parcels shall be required in the following instances when it is necessary to use any contiguous nonconforming recorded parcel(s) held in common ownership:
            1.   For construction of a new principal residential or nonresidential structure that does not meet the setback from the common parcel line unless the structure straddles the common parcel line;
            2.   For construction of an addition to an existing residential or nonresidential structure that will not meet the setback from a common parcel line unless the structure or addition straddles the same common parcel line;
            3.   For construction of an accessory residential building on the same parcel on which the principal residential structure exists that will not meet the setback requirement from the common parcel line unless the existing principal residential structure straddles the same common parcel line;
            4.   For any new residential or nonresidential construction that will not meet the impervious surface ratio requirement if the ISR was calculated only on one parcel; or for any new nonresidential construction that will not meet the floor area ratio requirement if the FAR was calculated only on one parcel;
            5.   For construction of any of the following improvements on a parcel on which the principal residential structure is not located:
               a.   More than one accessory residential building;
               b.   An accessory residential building larger than 576 square feet in size;
               c.   A new septic system; or
               d.   An addition to an existing septic system.
            6.   For construction of any of the following improvements on a parcel on which the principal nonresidential structure is not located:
               a.   Any new nonresidential accessory building;
               b.   A new septic system; or
               c.   An addition to an existing septic system.
         (b)   Construction of accessory structures such as decks, porches, gazebos, pergolas,  sheds, ground-mounted solar energy systems, and pools shall be exempt from the consolidation requirement, provided that these structures meet the setback requirement from the common lot line.
         (c)   Improvements such as reroofing, residing, electrical upgrades, interior alterations, installation of exterior air conditioning/heating units, seawalls, retaining walls, the repair of failing septic systems, driveways, and fences shall be exempt from the consolidation requirement.
         (d)   The adjustment or movement of a common boundary line between two or more contiguous parcels under common ownership, consisting of at least one nonconforming recorded lot, may be accomplished through a consolidation (in lieu of the lot split subdivision requirements of § 151.186(B)(3)(b)), provided that the adjustment or movement does not increase the extent of nonconformity of either lot (i.e., the extent of nonconformity remains the same or decreases for each resulting parcel).
      (3)   Required method of consolidation; covenant.
         (a)   A consolidation of parcels through covenant refers to any required consolidation within the boundaries of a platted subdivision, of metes and bounds parcels, not within the boundaries of a platted subdivision, or the consolidation of one or more metes and bounds parcels with a parcel, located within the boundaries of a platted subdivision, that has been vacated through a written vacation instrument in accordance herewith.
         (b)   A consolidation by covenant shall be executed through a signed, notarized, and recorded covenant on forms available from the Planning, Building and Development Department.
         (c)   Through the covenant, the applicant shall agree that all parcels comprising the consolidation of parcels shall remain in common ownership in perpetuity, and shall henceforth be considered one zoning lot for development purposes.
         (d)   The covenant would be binding on the applicant’s successors and assigns.
         (e)   The Planning, Building and Development Director shall have the authority to approve a consolidation through covenant as contemplated in this subsection (D)(3) and to execute the written covenant instrument on behalf of the county.
 
COMMENTARY:
The Lake County Health Department approval is required for individual sewage disposal systems and individual wells if public sewer and water are not present. In accordance with §
151.169 , each lot is required to have direct access to an improved, approved street. Compliance with the requirements of the site development standards of §§ 151.145 through 151.154 is required.
 
(Ord., § 12.4, passed 10-13-2009; Ord. passed 8-14-2012; Ord. 19-1378, passed 9-10-2019)