§ 170.09   NONCONFORMITIES
   (A)   Continuation. The lawful use of any structure of land existing at the effective time of the 1985 Codification may be continued although such use does not conform with the provisions of this Chapter except as otherwise provided herein.
   (B)   Alteration or Extension. A use of land or structure which does not conform to the regulations shall not be altered, extended, or enlarged, except in accordance with the following provisions:
      1.   General maintenance work is permitted on the non-conforming use.
      2.   A conforming use or structure shall not be altered or extended so that it becomes a non-conforming use or structure.
   (C)   Restoration. If a non-conforming structure is damaged by fire or other causes, it shall not be rebuilt to exceed the height, area, volume, or dollar value of the original structure.
   Reconstruction or site clearing shall begin within one year from the date of the damage and shall be carried on without interruption unless in litigation.
   (D)   Abandonment. Whenever a non-conforming use has been discontinued for a period of one (1) year and such use has been abandoned, such use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this Chapter.
   (E)   Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a non-conforming use. No non-conforming use shall be changed to another non-conforming use, except as provided for in the following provisions:
      1.   The applicant shall show that the non-conforming use cannot reasonably be changed to a use permitted in the district where such non-conforming use is located.
      2.   The applicant shall show that the proposed change will be less objectionable in external effects than the existing non-conforming use with respect to:
         a.   traffic generation and congestion including truck, passenger car, and pedestrian traffic.
         b.   noise, smoke, dust, noxious matter, heat, glare, vibration.
         c.   storage and waste disposal
         d.   appearance
      3.   The new non-conforming use is similar or more restrictive. than the previous use.
   (F)   Displacement. No non-conforming use shall be extended to displace a conforming use.
   (G)   District Changes. Whenever the boundaries of a District shall be changed so as to transfer an area from one District to another District of a different classification, the foregoing provisions shall also apply to any non-conforming uses or structures existing or created therein.
   (H)   Temporary Permits. The Board may authorize, by written permit, in a residential district for a period of not more than one (1) year from the date of such permit, a temporary building for commercial or industrial use incidental to the residential construction and development of said district.
   (I)   Water and Sewer Facilities
      1.   General, Water. Necessary action shall be taken by the applicant whenever possible to provide a water supply system capable of providing water for domestic use. Where a public water main is accessible the subdivider shall install adequate water facilities, subject to the specification of state and local authorities.
         a.   Individual Wells and Central Water Systems: In outlying or rural areas where a public water system is not available, or in the discretion of the Plan Commission, individual wells may be used in such a manner that an adequate supply of water will be available. Individual wells shall be sampled and approved by the appropriate health authorities.
      2.   General, Sewer Facilities. The applicant shall provide a sanitary sewer system which shall connect with an existing public approved sanitary sewer system, except when such public sanitary sewer system is not available, the following methods of sewage disposal shall include providing a private sewage disposal system consisting of a septic tank and an absorption field or other approved sewage disposal system that is designed and installed in accordance with the minimum standards set by the Indiana Board of Health.
      3.   Mandatory Connections to Public Sewers. If a public sanitary sewer is accessible and a sanitary sewer is placed in a street or alley abutting upon a property, the owner thereof shall be required to connect to said sewer for the purpose of disposing of waste. It shall be unlawful for any such owner or occupant to maintain upon such property an individual sewage disposal system.
         a.    Individual Disposal System Requirements Minimum lot areas shall conform to the requirements of this Chapter and test holes and percolation tests shall be made as directed by the Commission in conformance with health department regulations.