(A) Generally. The lawful use of a building or premises, existing at the time of passage of this chapter, which does not conform to the use regulations of the district in which it is located shall be deemed to be a legal, nonconforming use.
(B) Nonconforming uses.
(1) (a) Nonconforming uses are considered incompatible or undesirable with permitted uses in the districts in which the use is located. Within the districts established by this chapter there are nonconforming lots, structures and uses of land. These nonconforming lots, structures and uses of land were lawful prior to passage of this chapter, but are now prohibited, regulated or restricted.
(b) It is the intent of this chapter to permit these nonconforming uses to continue until they are removed.
(c) Existing registered (on file in Plan Commission office) nonconforming uses can be sold provided the future owner re-registers the business with the Plan Commission office. (All other regulations in this section still apply.)
(d) Nonconforming structures and uses shall not be enlarged upon, extended or expanded, with exceptions to residential homes in A1, A2, R1 and R2 Districts existing before the enactment of this chapter. These structures can obtain an ILP (§ 155.066) with out receiving a variance if the improvement is not proposed within required setbacks of that district. Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment.
(2) To avoid undue hardship, this chapter does not require a change in the plans, construction or designated use of any building or development in which actual construction was lawfully begun prior to the effective date of adoption of this chapter. Where demolition and removal of a building has progressed to a significant degree, such demolition or removal shall be considered to be construction, provided that the work is carried on diligently.
(3) When a nonconforming use of land or structure is discontinued or abandoned for six consecutive months, the structure and/or premises shall thereafter be used in conformance with regulations of the district in which it is located.
(4) Where nonconforming use status applies to both a structure and premises, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(5) Any nonconforming structure damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if the reconstruction is undertaken within 18 months of the casualty, and if the restored structure has no greater coverage and contains no greater cubic content than previously.
(6) Normal maintenance and repair of a structure containing a nonconforming use may be performed, provided there is not physical change to the structure and such maintenance or repair does not extend or intensify the nonconforming use.
(7) No building shall be erected or expanded and no use of land area expanded upon any premises devoted to a nonconforming use, except in conformance with all other provisions of this chapter.
(8) This chapter does not require any change in the plans, construction or designated use of a building for which a building permit or improvement location permit has been issued prior to the date of passage of this chapter and on which construction will be begun within 30 days after the date of the permit and diligently completed (within 18 months from beginning construction).
(9) This chapter does not require any change in the plans, construction or designated environmental management use of any county property for which a construction and/or operation permit has been filed with and/or issued by the Indiana Department of Environmental Management and/or the United State Environmental Protection Agency prior to the date of the passage of this chapter.
(10) When a nonconforming use is discontinued for six months, the use of the same shall thereafter conform to the uses permitted in the district in which it is located, and any nonconforming dwelling which is deficient in ground floor area, and which is removed from a lot, shall not relocate on the lot or be replaced by any other dwelling which is not in compliance with the requirements of this chapter. Notwithstanding the foregoing provision, an agricultural confinement feeding operation established prior to the enactment of this chapter may be discontinued for a period of up to two years and thereafter re-established without the need for a rezone, special exception or variance per other requirements of this chapter.
(Ord. passed 7-20-1992)