(A) Upon the adoption of this chapter, the zoning map, and potentially upon other government action (e.g., acquisition of right-of-way), some buildings, structures, lots and uses may no longer conform to the regulations of their zoning district. This chapter provides the rules, policies, and regulations that apply to these buildings, structures, lots and uses.
(B) Any property, lot, or structure rendered nonconforming solely by the action of a governmental agency modifying any street, is exempt from these nonconformance provisions.
(C) (1) Legal nonconforming. Legal nonconformance is caused by an amendment to this chapter and not due to a change to the property, resulting in the property no longer conforming to the standards of the applicable zoning district. When this situation occurs, the property is deemed legal nonconforming and is subject to the terms of this chapter.
(2) Illegal nonconforming. A building, structure, sign, or lot constructed or used without an approved building permit, improvement location permit, or approval from the BZA or Plan Commission is considered illegal nonconforming when it does not conform to this chapter. An illegal nonconforming property is subject to enforcement and penalties as set forth in §§ 154.180 to 154.183, and all other applicable state or municipal law. The illegal nonconforming property must be altered to conform with all applicable standards and regulations of this chapter.
(D) It is recognized that there exist within zoning districts certain lots, buildings, structures and uses which were lawful before this chapter was passed or amended, but are now prohibited, regulated or restricted under the terms of this chapter. It is the intent to permit these legal nonconformities to continue until they are removed but not to encourage their survival.
(E) Nonconforming lots, buildings, structures, and uses are declared by this chapter to be incompatible with the provisions of the districts in which they are located. It is the intent of this chapter that nonconformities not be enlarged, expanded, or extended, except as otherwise permitted in this chapter, nor be used as the reason to add other buildings, structures, or uses prohibited elsewhere in the district.
(F) Nothing in this chapter serves as authorization for, or approval of, the continuation of a use that violates the zoning regulations in effect at the time of the adoption of this chapter.
(Ord. 2022-17, passed 7-19-2022)