The lawful use of a building or premises existing at the time of passage of this chapter, may be continued although such use does not conform to all the provisions of this chapter, except as hereinafter provided.
(A) A nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law.
(B) A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use of a less restricted one.
(C) No building shall be erected upon any premises devoted to a nonconforming use, except in conformance with regulations of this chapter.
(D) The Board of Zoning Appeals may authorize, by written permit, in a residentially zoned district for a period of not more than one year from the date of the permit, a temporary building for commercial or industrial use incidental to the residential construction and development of said district.
(E) Nothing herein contained shall require any change in the plans, construction, or designated use of a building for which a building permit has been heretofore issued, and the construction of which has been diligently prosecuted within 90 days of the date of the permit, and which entire building shall be completed according to such plans filed within three years from the date of passage of this chapter.
(F) In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use thereof shall thereafter conform to the uses permitted in the district in which it is located.
(G) Any nonconforming open use of land shall be discontinued within five years from the date of passage of this chapter.
(H) When a building containing a nonconforming use is damaged by fire, explosion, act of God or the public enemy to the extent of 50% of its current market value, it shall not be restored except in conformity with the regulations of the district within which it is located.
(I) These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter.
(Ord. 2281, passed 4-2-79) Penalty, see § 152.99
Statutory reference:
Nonconforming uses, procedure, see IC 36-7-4-920, 36-7-4-923, and 36-7-4-924