(A) A building, structure or lot which was constructed or is being used without an approved building permit, improvement location permit or approval from the BZA or Plan Commission is considered illegal non-conforming. An illegal non-conforming property shall be subject to actions and penalties allowed by this chapter and all other applicable town/township law and shall be altered to conform with all applicable standards and regulations of this chapter. Further, an illegal non-conforming building, structure, lot or use is created at the fault of the owner, tenant or property manager.
(B) Legal non-conforming differs from illegal non-conforming in that the reason for the non- conformance is caused by a change to this chapter. The building, structure, lot or use has not changed, but due to the chapter change, the property no longer conforms to the policies and standards of the zoning district in which the property resides. When this situation occurs, the property is deemed legal non-conforming or another term commonly used is “grandfathered”.
(Ord. 2002-05, passed 12-30-2002, § 11.2)