Any nonconforming use of land (such as junk yard, and storage areas) lawfully existing upon the effective date of this chapter may continue subject to the following provisions.
(A) A nonconforming use may be changed only to a use of the same or more restrictive classification, provided the use is permitted as a use of right and not by special exception and does not increase any other nonconforming aspect (building, parking, signing, and the like). (Note: while most uses may be found to be a use of right in some district, there are some uses that are not permitted as a use of right in any district and are permitted only by special exception).
(B) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this chapter or amendment thereof.
(C) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of this chapter or amendment thereof.
(D) No additional structure (other than fences) shall be erected in connection with such nonconforming use of land. If any such nonconforming use of land ceases for any reason for a period of more than 12 months (except when government action impedes access to or use of the premises), any subsequent use of such land shall conform in all respects to the regulations of the district in which located.
(E) A nonconforming use of land, if discontinued for 12 consecutive months shall NOT be resumed.
(F) Nonconforming use variances on unimproved lots are expressly prohibited under I.C. 36-7-918.3.
(Ord. 12-16, passed 8-8-12)