(A) Illegal nonconforming described. With the exception of structures, lots and uses established prior to 1979 when the town enacted land use controls, a structure, lot, or use that is nonconforming and that was established or constructed prior to the adoption of this chapter and without an approved improvement location permit or approval from the Board of Zoning Appeals or Plan Commission is considered illegal nonconforming. An illegal nonconforming situation shall be subject to actions and penalties allowed by this chapter and all other applicable ordinances, and shall be altered to be in compliance with all applicable standards and regulations of this chapter.
(B) Legal nonconforming described. Legal nonconforming situations differ from illegal nonconforming situations in that the reason for the noncompliance is caused by the enactment of a Zoning Ordinance or a change to the Zoning Ordinance (including amendments to 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 complies with 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 structures, lots and uses, 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, provided they are in compliance with this subchapter; however, should the legal nonconforming structure(s), lot(s), and/or use(s) be altered in any way, including but not limited to, the size or scope of the structures, lots, and/or use(s), such legal nonconforming status shall immediately terminate.
(C) Effect on past variances, special exceptions, or other approvals. Structures, lots and 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 be considered conforming as long as they continue to comply with the terms, conditions, and scope of their initial approval; however, such nonconforming status shall terminate immediately if the structure(s), lot(s), and/or use(s) is modified in any manner or is abandoned for a period of six continuous months.
(D) Effect on repairs and maintenance. Work may be done for ordinary repairs or replacement of walls, heating, fixtures, wiring, plumbing, and the like provided that the nonconformities, such as setbacks, lot coverage, land use, and the like, are not increased.
(E) Effect on unsafe structures. 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 official.
(Ord. 121410, passed 1-11-2011; Ord. 010819, passed 2-12-2019)