Unless specified otherwise in this Section 14-16-6-8 or elsewhere in this IDO, the nonconforming use of land or a structure shall be allowed to continue regardless of any change in ownership or occupancy of the use, until that use is discontinued or another provision of this Section 14-16-6-8 requires the termination of the use.
A structure containing a nonconforming use may be maintained, repaired, or altered, with limits on expansion pursuant to Subsection 14-16-6-8(C)(4) (Expansion of Nonconforming Use).
6-8(C)(3)(a) Except as noted in Subsection (b) below, when a nonconforming use of land or a structure is discontinued for a period of 2 years, any later use shall only be an allowable use as specified 217 in Table 4-2-1 for the zone district in which the property is located.
6-8(C)(3)(b) When a nonconforming residential use of a single-family detached dwelling located in any Mixed-use or Non-residential zone district is discontinued for 5 years, any later use shall only be an allowable use as specified 218 in Table 4-2-1 for the zone district in which the property is located.
6-8(C)(3)(c) Neither the intention of the owner nor that of anybody else to use a lot or part of a lot for any nonconforming use, nor the fact that the lot or part of a lot may have been used by a makeshift nonconforming use shall prevent the ZEO from determining that the use has been discontinued for the purposes of this Subsection 14-16-6-8(C)(3).
A nonconforming use of land or a structure shall not be expanded, except that the portion of a structure or land containing a nonconforming use may be expanded in size if approved by the ZHE pursuant to Subsection 14-16-6-6(C).
A nonconforming use of land or a structure may be changed to another use equally or more restrictive than the immediately preceding nonconforming use, as determined by the ZEO.
A helipad shown on a Site Plan approved by the EPC prior to March 5, 2000, shall be deemed conforming.
6-8(C)(7)(a) A single mobile home dwelling on an individual lot outside of the R-MC zone district is a nonconforming use and shall be removed. 219
1. This use does not cease operation for a period of 1 year.
2. Any private street system servicing the mobile home dwellings is paved at least to a standard approved by the City Engineer according to the applicable standards of this IDO and related DPM standards and criteria, even though there may be no new subdivision.
3. Mobile home dwellings are skirted with materials similar in appearance and durability to the siding of the mobile home, or the unit is situated at ground level, within 2 years of the use becoming nonconforming.
6-8(C)(7)(d) For changes of use or rezoning of developments that include mobile homes that will result in expiration or termination of resident occupancy, the standards in Subsection 14-16-2-3(C)(3)(g) (R-MC Zone District Standards) apply, regardless of the zone district the development is in.
Notes
| 217 | 217 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially for clarity. "Indicate" in legal settings can connote a suggestion. [Spreadsheet Item #60] |
| 218 | 218 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially for clarity. "Indicate" in legal settings can connote a suggestion. [Spreadsheet Item #60] |
| 219 | 219 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially to update information, since it has now been 5 years since the IDO's effective date in May 2018. [Spreadsheet Item #60] |