Within the districts established by this chapter, including amendments thereto, there may exist lots, uses, or structures which were lawful before the effective date of this chapter, but which would be prohibited, regulated or restricted under the terms of this chapter. It is the intent of this section to allow said nonconforming lots, uses, or structures to continue until they are removed, but not to encourage their survival. Nothing in this section shall be deemed to prevent the strengthening, or restoring to a safe condition, any building or part thereof which has been declared to be unsafe by any official charged with protecting the public safety. The existence of nonconforming lots, uses and structures is not to be used as grounds for adding similar lots, uses or structures which would otherwise be prohibited. Nonconforming situations shall be governed as follows:
(A) Agricultural uses. Consistent with I.C. 36-7-4-616, an agricultural use of land that constitutes an agricultural nonconforming use may be changed to another agricultural use of land without losing agricultural nonconforming use status. In addition, an agricultural nonconforming use shall not be restricted or required to obtain a variance or special exception so long as an agricultural nonconforming use has been maintained for three years in a five year period.
(B) Single nonconforming lots of record. In any district, construction on a single nonconforming lot of record in existence prior to the effective date of this chapter, as amended from time-to-time, and excluding any other limitations imposed by other provisions of this chapter, are subject to the following:
(1) Any nonconforming lot shall be in a separate ownership and not contiguous with other lots in the same ownership; and
(2) All setback, height and other applicable provisions of the zoning district shall be satisfied unless appropriate variances are obtained.
(C) Nonconforming lots of record in combination. If two or more lots, or a combination of lots and portions of lots with continuous frontage in single ownership, are of record prior to the effective date of this chapter, as amended from time-to-time, and if all or part of the lot(s) which is void of any structure(s) do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of administering and enforcing this chapter. No portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot, width, and area requirements established by this chapter. Nor shall any division of a parcel be made which creates a lot with width or area below the requirements stated in this chapter.
(D) Nonconforming uses. Where, at the time of adoption of this chapter, lawful use(s) of land exist which would not be permitted by the regulations imposed by this chapter, as amended from time-to- time, the use(s) may be continued so long as they otherwise remain lawful. Such uses shall also be subject to the following provisions:
(1) A nonconforming use may be continued but shall not be extended, expanded, or changed unless to a conforming use, except as permitted by the Board of Zoning Appeals.
(2) A nonconforming use shall not be moved, in whole or in part, to any portion of the lot or parcel.
(3) In the event that any nonconforming use which is conducted within a structure ceases, for whatever reason, for a period of one year, said nonconforming use shall not be resumed, unless approved by the Board of Zoning Appeals.
(4) No structure shall be erected, constructed, or altered in connection with a legally nonconforming use of land.
(E) Nonconforming structures. Where a structure that could no longer be built under the provisions of this chapter exists, the structure may continue to exist so long as it remains otherwise lawful. Said structure shall also be subject to the following provisions:
(1) A nonconforming structure may continue to exist but shall not be enlarged or altered in a way which increases its nonconformity. Conversely, a nonconforming structure may be altered so as to decrease its nonconformity.
(2) Any nonconforming structure damaged by fire, flood, explosion, wind, or other catastrophe may be reconstructed and used as before if:
(a) Such reconstruction is performed within 12 months of such catastrophe; and
(b) If the restored structure has no greater coverage and no greater cubic content than before such catastrophe.
(3) (a) In the event that any nonconforming use conducted in a structure or at a location ceases for any reason for a continuous period of one year; or
(b) In the event that such nonconforming use is intentionally abandoned for any period, such nonconforming use shall not be resumed, except with the approval of the Board of Zoning Appeals.
(4) No nonconforming structure shall be moved for any reason for any distance, unless said structure is being removed from the site.
(5) Work may be done on any nonconforming structure in any period of 12 consecutive months. Such work may include ordinary repairs such as the repair or replacement of non-load bearing walls, fixtures, wiring or plumbing, provided that the repaired structure has no greater coverage and contains no greater cubic content than before such repairs.
(6) If a nonconforming structure, or portion thereof, becomes physically unsafe or by reason of its physical condition, shall not thereafter be restored, repaired or rebuilt except in conformance with this chapter.
(F) Nonconforming uses and structures in combination. Where a lawful use occupied by a lawful structure existed prior to the effective date of this chapter, as amended from time-to-time, where one or the other, or both, do not comply with the requirements imposed by this chapter, nonconforming combination of use and structure may be continued so long as they both remain otherwise lawful. Such a combination shall also be subject to the following provisions:
(1) No existing structure devoted to a use not permitted by this chapter shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered, except to change the use from a legally nonconforming use to a conforming use, in which case, such modifications shall be subject to the provisions of this chapter.
(2) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the legally nonconforming status of the use, in which case, both the structure and the use shall be brought into conformance with the provisions of this chapter, as amended from time-to-time.
(Ord. 4-2009, passed 3-9-09)