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(A) Authority to Continue. Where, at the time of adoption of this chapter, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, subject to the following provisions.
(B) Enlargement of Structure. No such non-conforming uses shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(C) Moving. No such non-conforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this chapter.
(D) Termination by Discontinuance or Abandonment. If any such non-conforming uses of land are discontinued or abandoned for more than one year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(E) New Construction. No additional or accessory structure not conforming to the requirements of this chapter shall be erected in connection with such non-conforming use of land.
(Ord. 62-12-95, passed 1-22-96) Penalty, see § 159.999
(A) Authority to Continue. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not now be built under the terms of this chapter by reason of restrictions on area, lot, coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful.
(B) Structural Alteration or Enlargement. No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(C) Extension of Use. A non-conforming 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 this chapter, but no such use shall be extended to occupy any land outside such building.
(D) Moving. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(E) Damage or Destruction. Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to the extent of more than 50% of the fair market value of the building immediately prior to the damage, it shall not be reconstructed except in conformity with the provisions of this chapter.
(Ord. 62-12-95, passed 1-22-96) Penalty, see § 159.999
If a lawful use involving individual structures, or a structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not now be allowed in the district under the terms of this chapter, the lawful uses may be continued so long as it remains otherwise lawful, except as otherwise provided below.
(A) Structural Alteration or Enlargement. 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, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(B) Substitution of Non-conforming Use. If no structural alterations are made, any non-conforming use of a structure or structure and land, may, upon appeal to the Board of Zoning Appeals, be changed to another non-conforming use provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this chapter.
(C) Change in Use. Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.
(D) Termination by Discontinuance or Abandonment. When a non-conforming use of a structure, or structure and land combination, is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(Ord. 62-12-95, passed 1-22-96) Penalty, see § 159.999
(A) Authority to Continue. If a characteristic of development or use lawfully exists at the effective date of adoption or amendment of this chapter that would not now be allowed in the district under the terms of this chapter, the lawful characteristic of development or use may be continued so long as it remains otherwise lawful, except as otherwise provided below. Such characteristics of development or use shall include, but not be limited to, items such as landscaping, lighting, parking lots, refuse containers, driveway surfacing, and screening.
(B) Alterations to the Site Requiring Compliance. Any additions to the building or the site that increase the area by more than 40% will require that any nonconforming characteristics of development or use shall comply with the standards of this chapter.
(Ord. 10-03-13, passed 4-9-13)
(A) Non-conforming Status for Flood Hazard (FH) District. Any building, structure, or other use in the Flood Hazard (FH) District which is not in conformance with this chapter constitutes a non- conforming use.
(B) Structural Alteration or Enlargement in a Floodway. In a floodway, no non-conforming use may be expanded or enlarged nor can a building undergo substantial modification without a permit for construction in floodway from the Indiana Department of Natural Resources.
(C) Structural Modification in a Floodway Fringe or Flood Plain. In a floodway fringe or flood plain, a building which constitutes a non-conforming use may undergo substantial modification provided such modification is on a one-time-only basis and further provided that such modification does not increase the value of the building by more than 40% of its pre-improvement market value (excluding the value of land), unless such building is permanently changed to a conforming use.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 10-03-13, passed 4-9-13) Penalty, see § 159.999
Regulations relating to non-conforming signs may be found in § 159.171.
(Ord. 10-03-13, passed 4-9-13)
(A) Any building, structure, or use located in an approved R1 or R1/PD zoning district shall adhere to the standards and requirements adopted for the PD (Planned Development), Primary and/or Secondary Subdivision Plats, and/or the Rl Bulk Standards as listed in Table 5, Summary of Residential Bulk Requirements (see § 159.106).
(B) Any existing structure or proposed structure meeting the requirements of the adopted planned development, primary or secondary plat, and/or the requirements above, shall be allowed to construct a new structure or modify an existing structure without having to seek a variance from the Board of Zoning Appeals.
(Ord. 18-5-11, passed 6-14-11; Am. Ord. 10-03-13, passed 4-9-13)
ENFORCEMENT
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