(A) Intent.
(1) Upon adoption of this chapter some structures, lots, and uses that were previously established and maintained consistent with all applicable requirements may no longer conform to the regulations of the zoning district in which they are located. For this reason, this subchapter has been written to provide the rules, policies and regulations that apply to these structures, lots, and uses; referred to as legal nonconforming. This subchapter may be referred to as the "grandfather" clause. If a use, structure, etc. was established legally under a previously applicable ordinance, it is described as "grandfathered" (legal nonconforming).
(2) These regulations are intended to inform property owners about the options for using and modifying nonconforming properties and to support the eventual elimination of the nonconformities.
(B) Illegal nonconforming described. A structure, lot, or use that is nonconforming and that was established or constructed without an approved improvement location permit or approval from the Board of Zoning Appeals or Plan Commission is considered illegal nonconforming. An illegal nonconforming property shall be subject to actions and penalties allowed by this chapter and all other applicable county ordinances and shall be altered to conform with all applicable standards and regulations of this chapter.
(C) Legal nonconforming ("grandfathered") described. Legal nonconforming differs from illegal nonconforming in that the reason for the nonconformance is caused by the enactment of a zoning ordinance or a change to the zoning ordinance (including the official zoning map). The structure, lot or use has not changed, but due to the zoning ordinance enactment or change, the property no longer conforms to the standards of the zoning district in which it is located. When this situation occurs, the property is deemed legal nonconforming or "grandfathered". Legal nonconforming lots, structures, uses, etc., may continue in the manner and to the extent that they existed or were used at the time the change in the zoning ordinance was enacted.
(D) Exemptions. Structures, uses, and other property features that are nonconforming due to prior variance, special exception, or other approvals shall not be subject to the provisions of this subchapter, but shall conform to the terms of their approval.
(E) Repairs and maintenance. The following applies to legal nonconforming structures, uses of structures, or uses of structures and land in combination:
(1) Ordinary repairs. Work may be done for ordinary repairs or replacement of walls, heating, fixtures, wiring, plumbing, etc.; under the condition that the nonconforming features (setbacks, lot coverage, land use, etc.) are not increased.
(2) Structures declared unsafe. Nothing in this subchapter shall be deemed to prevent the strengthening, repairing, or restoring to a safe condition of any structure that has been declared unsafe by the appropriate county official.
(F) Nonconforming lots of record. All lots legally established and recorded with the Hancock County Recorder prior to the effective date of this chapter, or its subsequent amendments, that no longer meet an applicable provision of this chapter (such as minimum area, width, or depth) shall be deemed legal nonconforming lots of record. Legal nonconforming lots of record may be built upon only if the proposed use is permitted and all development standards of the applicable zoning district of this chapter are met.
(Ord. 2007-1B, passed 2-5-07)