§ 155.121 DISTINCTION BETWEEN ILLEGAL NONCONFORMING AND LEGAL NONCONFORMING.
   (A)   A structure or lot which was constructed or is being used 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 town ordinances and shall be altered to conform with all applicable standards and regulations of this chapter.
   (B)   Legal nonconforming differs from illegal nonconforming in that the reason for the nonconformance is caused by the enactment of a zoning code or a change to the zoning code (including the official zoning map). The structure, lot or use has not changed, but due to the zoning code enactment or change, the property no longer conforms to the policies and standards of the zoning district in which it is located. When this situation occurs, the property is deemed legal nonconforming or grandfathered.
(Ord. 2013-02, passed 3-11-13)