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)