NON-CONFORMITIES

§ 155.165 NON-CONFORMING USES OF LAND OR STRUCTURES.

   The following provisions shall apply to all non-conforming uses.

   (A)   A non-conforming use of land or structure, or both in combination, may be continued, but may not be extended, expanded, or changed, unless to a conforming use, except as specified herein, or as permitted by the Board of Zoning Appeals in accordance with the provisions of this chapter.

      (1)   Any use existing in any Floodway Overlay or Floodway Fringe Overlay District at the time of adoption of this chapter which is not in accordance with the standards and regulations specified herein may be expanded or enlarged; provided such modification does not increase the value of the use by more than 40% of its pre-improvement market value (excluding the value of the land). Prior to the issuance of all local permits, such modification must be reviewed and approved by the State Department of Natural Resources.

      (2)   A non-conforming residential use may be expanded, subject to the approval of a special exception by the Board of Zoning Appeals. In reviewing petitions, the Board shall, in addition to other criteria, consider the following:

         (a)   The number of times a home may be expanded shall be limited to once, unless special circumstances warrant; and

         (b)   Expansions which would significantly increase the market value of the home shall be discouraged unless special circumstances warrant. As a general guide, the Board shall consider an increase of 40% over the preimprovement market value as being a significant increase.

   (B)   An existing non-conforming use which occupies only a portion of an existing structure may be extended throughout such structure; provided such change or extension does not eliminate, displace, prevent, or restrict the continuance of any then existing use being concurrently carried on in the structure which conforms with the requirements of this chapter.

   (C)   (1)   If no structural alterations are made, any non-conforming use of a structure, or structure and land, may be changed to another non-conforming use; provided that the Board of Zoning Appeals approves of such change as a special exception.

      (2)   In reviewing specific cases, the Board shall only approve a proposed use if it is equally appropriate, or more appropriate, to the district than the existing or former non-conforming use. In addition, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

   (D)   If any non-conforming use of land, or structure, or both, in combination ceases for any reason for a period of more than 12 consecutive months, the land, structure, or structure and land in combination shall not thereafter be used, except in conformance with the regulations of the district in which it is located, unless after this time period has elapsed a use is approved as a special exception by the Board of Zoning Appeals.

   (E)   Whenever a non-conforming use has been changed to a conforming use, it shall not thereafter be changed again to a non-conforming use, unless permitted by the Board of Zoning Appeals in accordance with the use variance procedure.

   (F)   There shall be no expansion whatsoever of a non-conforming junkyard to cover a greater land area than what was covered on the effective date of this chapter.

   (G)   An existing use which is listed herein as a special exception, and which is located in a district in which such special exception may be permitted, is a conforming use. Any expansion of such special exception involving the enlargement of buildings, structures, and land area devoted to such use shall be subject to special exception approval by the Board of Zoning Appeals.

(Prior Code, § 153.115) (Ord. 93-02, passed 2-1-1993)

§ 155.166 NON-CONFORMING LOT OF RECORD.

   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory structures may be erected on any single lot of record as of the effective date of the adoption of this chapter. Yard dimensions (including yard requirements not involving area or width of the lot) shall conform to the regulations for the district in which the lot is located. Variance of any requirements other than area or width stated in the appropriate district regulations shall be obtained through the Board of Zoning Appeals.

(Prior Code, § 153.116) (Ord. 93-02, passed 2-1-1993; Ord. 95-14, passed 11-20-1995)

§ 155.167 NON-CONFORMING STRUCTURES.

   Where a structure exists that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, and other characteristics of the structure, or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

   (A)   No such structure may be enlarged or altered in a way which increases its non-conformity;

      (1)   Any structure which is non-conforming only with respect to the regulations specified herein may be expanded or enlarged; provided such modification is on a one-time basis; and further provided that such modification does not increase the value of the structure by more than 40% of its pre-improvement market value (excluding the value of land). Prior to the issuance of any local permits, such modification must be reviewed and approved by the State Department of Natural Resources;

      (2)   An open porch or carport non-conforming only to setbacks may be enclosed; provided the original foundation or roof and supports are not removed, but in no event shall such improvement be less than 50% of that distance required;

      (3)   A structure non-conforming only to the setback regulations may be added to or enlarged if the additions or enlargements do not encroach into any portion of any required yard to a greater extent than the existing non-conforming building, but in no event shall any such additions or enlargements be less than 50% of that distance required by the yard requirements of the district in which the lot is located; and

   (B)   If any non-conforming structure is damaged by fire, flood, explosion, or other casualty to an extent more than 75% of its pre-damaged value, the structure shall not be restored, except in conformity with the regulations of the District within which it is located. Any non-conforming structure damaged to a lesser extent shall be subject to approval of required variances by the Board of Zoning Appeals prior to reconstruction or restoration. Non-conforming structures located in any Floodway Overlay or Floodway Fringe Overlay District may not be reconstructed if the amount of damage exceeds 40% of the pre-damaged value of the structure.

(Prior Code, § 153.117) (Ord. 93-02, passed 2-1-1993)

BOARD OF ZONING APPEALS

§ 155.180 CREATION.

   There is created a Board of Zoning Appeals consisting of five members, who shall be appointed and serve in accordance with I.C. 36-7-4-900.

(Prior Code, § 153.130) (Ord. 93-02, passed 2-1-1993)

§ 155.181 RULES.

   The Board of Zoning Appeals shall adopt rules, which may not conflict with the Zoning Ordinance, nor I.C. 36-7-4-900, concerning:

   (A)   The filing of appeals;

   (B)   The application for variances and special exceptions;

   (C)   The giving of notice;

   (D)   The conduct of hearings; and

   (E)   The determination of whether a variance application is for a variance of use or for a variance from the development standards (such as height, bulk, or area).

(Prior Code, § 153.131) (Ord. 93-02, passed 2-1-1993)

§ 155.182 MINUTES AND RECORDS.

   (A)   The Board of Zoning Appeals shall keep minutes of its proceedings, keep records of its examinations and other official acts, and shall record and vote on all actions taken.

   (B)   All minutes and records shall be filed in the Planning Department and shall be a public record.

(Prior Code, § 153.132) (Ord. 93-02, passed 2-1-1993)

§ 155.183 APPEALS.

   A Board of Zoning Appeals shall hear and determine appeals from and review:

   (A)   Any order, requirement, decision, or determination made by an administrative official, hearing officer, or staff member under the Zoning Ordinance;

   (B)   Any order, requirement, decision, or determination made by an administrative board or other body, except a plan commission, in relation to the enforcement of the Zoning Ordinance; or

   (C)   Any order, requirement, decision, or determination made by an administrative board or other body, except a plan commission, in relation to the enforcement of an ordinance adopted under this chapter requiring the procurement of an improvement location permit or certificate of occupancy.

(Prior Code, § 153.133) (Ord. 93-02, passed 2-1-1993)