1. Intent. Within the districts established by the Zoning Ordinance (or amendments that may later be adopted), there exist lots, structures and uses of land and structures which were lawful before the Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of the Zoning Ordinance or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same district. To avoid undue hardship, nothing in this chapter should be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the Zoning Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that such work shall be diligently carried on until completion of the building involved.
2. Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record prior to the effective date of this ordinance even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district provided the following requirements are met:
A. The lot has a minimum of forty (40) feet of frontage on one street or a recorded exclusive unobstructed private easement of access at least twenty (20) feet wide to a street that is used by or benefits no more than one single-family dwelling.
B. The sum of the side yard widths of any such lot shall not be less than twelve (12) feet, but in no case less than four (4) feet of width of the lot line for any one side yard.
C. The depth of the rear yard of any such lot need not exceed twenty percent (20%) of the depth of the lot, but in no case less than fifteen (15) feet.
D. The depth of the front yard of any such lot shall be a minimum of twenty-five (25) feet.
E. The lot has access to public water and public sewer or has space on the property to accommodate private systems to comply with all of the requirements and standards of Marion County Public Health.
3. Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of the Zoning Ordinance, lawful use of land exists that is made no longer permissible under the terms of the Zoning Ordinance as enacted or amended, such use may be continued subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Zoning Ordinance.
B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the Zoning Ordinance.
C. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
4. Nonconforming Use of Structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the Zoning Ordinance that would not be allowed in the district under the terms of this chapter, the lawful use may be continued subject to the following provisions:
A. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the Zoning Ordinance, but no such use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use of the same or of a more restricted classification.
D. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for two (2) years, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.
E. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
F. Any structure devoted to a use made nonconforming by the Zoning Ordinance that is destroyed by any means to an extent of fifty percent (50%) or more of its replacement cost at the time of destruction, exclusive of the foundation, shall not be reconstructed and used as before such happening. If the structure is less than 50% destroyed above the foundation, it may be reconstructed and used as before, provided it is done within one year of such happening, and is built of like or similar materials.
G. For single-family detached residences constructed prior to January 1, 2017, within C-1, C-2, M-1 or M-2 zoning district, the non-conforming single-family use of the structure and premises is permitted to continue provided said use is not discontinued or abandoned for a period of two (2) years. If so discontinued or abandoned, the structure and premises shall thereafter be used only in conformance with the regulations of the district in which it is located. Further, said non-conforming single-family structures may be enlarged, extended, reconstructed, or structurally altered by up to 25% of the square footage of the structure as it existed on January 1, 2017. In addition, one two-car garage may be constructed on said premises without being considered as part of said 25% expansion. Furthermore, said nonconforming single-family dwelling and/or accessory garage may be reconstructed should it be destroyed by any means, provided the size of the replacement dwelling does not exceed 125% of the square footage of the existing dwelling and the replacement garage does not exceed 125% of the square footage of the existing garage and provided that all required setbacks are met.
5. Nonconforming Structures. Where a structure exists at the effective date of adoption or amendment of the Zoning Ordinance that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in a way which increases its nonconformity.
B. Should such structure be destroyed by any means to an extent of fifty percent (50%) or more of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Zoning Ordinance.
6. Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided the cubic content of the building as it existed at the time of passage or amendment of the Zoning Ordinance shall not be increased. Nothing herein shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared unsafe by any official charged with protecting public safety, upon order of such official.