The following provisions apply to legal non- conforming uses:
(A) Cross-reference. With respect to agricultural legal non-conforming uses, nothing in this section shall be interpreted in a manner that is inconsistent with I.C. 36-7-4-616.
(B) Legal non-conforming use provisions. The provisions for legal non-conforming uses are as follows.
(1) Utilizing existing, enlarged, new or relocated buildings. A legal non-conforming use shall be permitted to occupy or use an existing building, enlarged existing building, newly constructed building or relocated building, provided the building meets the current unified development ordinance.
(2) Utilizing existing, altered, new or relocated structures. A legal non-conforming use shall be permitted to utilize an existing structure, altered existing structure, newly constructed structure or relocated structure, provided the building meets the current unified development ordinance.
(3) Utilizing land. Any legal non- conforming use shall be permitted to utilize its lot, or lots owned in combination upon the effective date of this chapter, provided the utilization of land meets the current unified development ordinance.
(4) Increase in non-conformity. No legal non-conforming use shall be permitted to increase its non-conformity. The size of operation, number of employees, increase to vehicular traffic and similar increases in size does not increase non-conformity of a use. For example, a five acre legal non-conforming junk yard that expands its operations onto five more acres of land it previously owned, does not qualify as an increase in non-conformity, its still a junk yard. However, if the same junk yard adds a compactor facility which previously did not exist, that would qualify as an increase in non-conformity.
(C) Loss of legal non-conforming use status.
(1) Abandonment of use. If a legal non- conforming use is abandoned or is discontinued for 12 or more months, except when a government action impedes access to the premises, it shall lose its legal non-conforming status. Any subsequent use shall conform to the provisions of the current unified development ordinance.
(2) Change of use. When a legal non- conforming use is changed, altered or evolves to be in compliance or more in compliance with the current unified development ordinance, the legal non- conforming use status is lost or partially lost. The current use cannot revert back to the original legal non-conforming use or increments thereof.
(Ord. 10-2010, passed - -2010, § 8.06)