(A) Purpose.
(1) It is necessary and consistent with the establishment of orderly zoning for the city that all uses and structures incompatible with permitted uses or structures in each zoning classification be strictly regulated and permitted to exist only under well considered land use controls. Inasmuch as one of the purposes of such regulation and control is to bring all existing and future land uses into conformity with present development standards or to eventually discontinue the uses or structures, this chapter is necessary.
(2) The city has previously enacted legislation regulating the use of land through ordinances and zoning maps, even recently by adopting ordinances codified in this title. Those and other municipal zoning ordinances do not reflect the current rulings of the state courts that are the policy of the Plan Commission of the city, pertaining to uses of buildings, structures, real property, lots or lands not conforming with zoning legislation enacted by the city. It is deemed desirable to remove any doubt in the minds of users or owners of any buildings, structures, real property, lots or land regarding the proper exercise of their rights, obligations and standing in this regard, this chapter confirming those matters is in order.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Charlestown, Indiana.
EXISTING USE. The actual present use of a building, structure, real property, lot or land, regardless of the lawfully permitted use. It also includes the use of a building, structure, real property, lot or land that has previously been lawfully approved, but which is not yet lawfully permitted, constructed, established or ongoing is not an EXISTING USE.
NONCONFORMING USE. An actual use of a building, structure, real property, lot or land, which use was lawfully in existence prior to the enactment of a zoning regulation and which, pursuant to law and this chapter, is allowed to continue after the effective date of the subsequently enacted zoning regulation, even though the use does not comply with current applicable use restrictions. Except as specifically permitted by this chapter, a use of property that has previously been lawfully approved, but which is not yet lawfully constructed, established and ongoing before a zoning regulation contrary to that use is adopted, is not a NONCONFORMING USE.
ZONING REGULATION. A zoning ordinance, zoning map, subdivision control ordinance, any ordinance regulating the use of a building, structure, real property, lot or land, or any amendment thereto, adopted by the Common Council.
(C) Regulation of nonconforming uses.
(1) Nonconforming uses allowed. Except as specifically provided herein, a nonconforming use may continue to exist, although such use would otherwise not comply with applicable zoning regulations.
(2) Discontinuance of nonconforming use. Any time a nonconforming use is discontinued for a period of six months or more, further use of the building, structure, real property, lot or land shall conform to all current zoning regulations. However, should the discontinuance of a small business be caused by a major medical disability or disease of the owner thereof, this period will be extended to 12 months before the use ceases to be a nonconforming use.
(3) Change of nonconforming use. If a nonconforming use is replaced by any other use, the new use shall be required to conform to all zoning regulations in effect.
(4) Expansion of nonconforming use. A nonconforming use shall not be enlarged, expanded or extended to occupy a larger area than was occupied at the time a zoning regulation which caused the building, structure, real property, lot or land to become a nonconforming use is enacted. Likewise, such use shall not be moved to another part of the building, structure, real property, lot or land.
(5) Restoration of nonconforming use not permitted without a variance. If a nonconforming structure or a structure containing a nonconforming use is damaged to the extent of more than 50% of its fair market value immediately prior to the damage, by fire, other casualty, natural disaster or any other accidental reason, restoration or replacement shall be permitted; provided, that any new construction shall comply with the current building construction standards then in effect.
(6) General exceptions to lot size requirements. If a subdivision lot, lot of record or series of contiguous units of land existing in a single ownership and within the R-1 or R-2 zoning classification were created in compliance with all applicable laws and ordinances in effect at the time of their creation and have an area or dimension which does not meet the minimum lot size requirements of the zoning classification in which the property is currently located, construction of conforming uses permitted in the respective zoning classification on the nonconforming lots is permitted, subject to compliance with all other zoning regulations and requirements.
(7) Conveyance of nonconforming use. Nothing in any zoning regulation shall be construed to limit the sale, transfer, other conveyance of property on which exists a nonconforming building, structure or use, so long as such sale, transfer or other conveyance does not otherwise violate the provisions of any ordinance of the city.
(8) Repair or maintenance of conforming use on nonconforming lot. Nothing in any zoning regulation shall be construed to prevent the repair or maintenance of a pre-existing building or structure conforming as to use on a nonconforming lot, so long as such lot did not become nonconforming in violation of the provisions of any zoning regulation of the city.
(9) Buildings under construction. For any permitted construction or designated use of a building or structure for which a building permit has lawfully been issued and construction work has commenced prior to the effective date of a subsequently effective zoning regulation is a nonconforming use, provided the building or structure is completed and in use within one year from the time the building permit is issued.
(10) Moved buildings. Should any building or structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the zoning regulations for the location to which it is moved.
(11) Registration of nonconforming uses. The city may require the owner of a nonconforming use to register the nonconforming use with the city’s Plan Commission.
(D) Remedies permitted. In addition to any penalty that may be imposed the city may seek to remedy a nonconforming use which is not allowed hereunder by seeking injunctive relief, as well as any other remedy at law or equity.
(Ord. 2003-OR-23, passed 10-6-2003)