Upon the effective date of this chapter or amendment thereto, if there exists a lawful use of a building, or use of a principal building and land, or use of land and accessory structures, and such use would be prohibited by the terms of the ordinance or amendment thereto, such use shall be deemed nonconforming and may continue subject to the following provisions.
(A) No building devoted to a nonconforming use shall be enlarged or extended, except in changing the use of the building to a use permitted in the district in which it is located.
(B) A nonconforming use of a portion of a building may be extended to the remaining portions of the building if such areas were originally arranged, designed and constructed for such use. However, the use shall not be extended to occupy any land outside the building.
(C) A nonconforming use on part of a lot shall not be expanded or extended onto any other portion of such lot.
(D) A nonconforming use of a building or buildings and land in combination, if discontinued for 12 consecutive months shall not thereafter be resumed.
(E) A nonconforming use may be changed only to a use permitted in 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, lot, 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).
(F) Should the structure, containing a nonconforming, use be damaged or destroyed by fire, explosion or any Act of God to the extent of more than 50% of its assessed value, the nonconforming use shall not hereafter continue or be resumed.
(G) Nonconforming use variances in “buildings” or “buildings and lands in combination” are expressly prohibited under I.C. 36-7-918.3.
(Ord. 12-16, passed 8-8-12)