(A)   Upon adoption of this chapter and zoning map, some buildings, structures, lots, and uses may no longer conform to the regulations of the zoning district that they are located.

   (B)   For this reason, this subchapter has been generated to provide the rules, policies and regulations that apply to these buildings, structures, lots and uses referred to as “legal non-conforming”.

(Ord. 2002-05, passed 12-30-2002, § 11.1)

   (A)   A building, structure or lot which was constructed or is being used without an approved building permit, improvement location permit or approval from the BZA or Plan Commission is considered illegal non-conforming. An illegal non-conforming property shall be subject to actions and penalties allowed by this chapter and all other applicable town/township law and shall be altered to conform with all applicable standards and regulations of this chapter. Further, an illegal non-conforming building, structure, lot or use is created at the fault of the owner, tenant or property manager.

   (B)   Legal non-conforming differs from illegal non-conforming in that the reason for the non- conformance is caused by a change to this chapter. The building, structure, lot or use has not changed, but due to the chapter change, the property no longer conforms to the policies and standards of the zoning district in which the property resides. When this situation occurs, the property is deemed legal non-conforming or another term commonly used is “grandfathered”.

(Ord. 2002-05, passed 12-30-2002, § 11.2)

   (A)   Any continuously occupied, lawfully established structure or building prior to the effective date of this chapter, or its subsequent amendments, that no longer meets the design standards due to the reasons listed below shall be deemed a legal non-conforming building(s) or structure(s).

   (B)   Legal non-conforming building(s) or structure(s) no longer meet one or more of the following development standards of this chapter:

      (1)   Front, side and rear yard setbacks;

      (2)   Maximum lot coverage;

      (3)   Minimum main floor area;

      (4)   Minimum finished floor area;

      (5)   Height;

      (6)   Temporary structures;

      (7)   Landscaping;

      (8)   Parking;

      (9)   Accessory structures; and

      (10)   And any other provision of this chapter that is applicable to the building or structure.

   (C)   A legal non-conforming building or structure may continue provided that it remains the same or fits within the below described tolerances.

      (1)   Any legal non-conforming building(s) or structure(s) shall not be enlarged or altered in a manner that increases its non-conformity but any building(s) or structure(s) or portion thereof may be altered to decrease it non-conformity.

      (2)   Any legal non-conforming building(s) or structure(s) which is damaged or destroyed by more than 75% of its fair market value shall thereafter conform to the regulations of the district in which it is located. All primary residential structures are exempt from this (the 75%) rule.

      (3)   If a building or structure is moved for any reason, for any distance, it shall thereafter conform to the provisions of this chapter.

(Ord. 2002-05, passed 12-30-2002, § 11.3)

   (A)   All legally established and recorded lots prior to the effective date of this chapter, or its subsequent amendments, that no longer meet the lot standards listed below shall be deemed a legal non- conforming lot of record.

   (B)   A legal non-conforming lot of record no longer meets one or more of the following lot standards of this chapter:

      (1)   Lot area;

      (2)   Lot width;

      (3)   Lot depth;

      (4)   Lot frontage; and

      (5)   Any other provision of this chapter that is applicable to lots.

   (C)   Legal non-conforming lots of record may be built upon only if the proposed use is permitted and all development standards of the applicable zoning district of this chapter are met.

(Ord. 2002-05, passed 12-30-2002, § 11.4)

   (A)   Any continuous, lawful use of structures, land or structures and land in combination established prior to the effective date of this chapter or its subsequent amendments that is no longer a permitted use in the district where it is located shall be deemed a legal non-conforming use.

   (B)   A legal non-conforming use may continue; provided, that it remains otherwise lawful, subject to the following conditions.

      (1)   No existing structure devoted to a legal non-conforming use shall be enlarged, expanded, increased, extended, constructed, reconstructed, moved or structurally altered, except as to change the use of the structure to a use permitted in the district in which it is located or as otherwise specified in this chapter.

      (2)   No building or structure shall be constructed in connection with an existing legal non- conforming use of land.

      (3)   Any legal non-conforming use of a structure may be extended throughout any parts of a building which were plainly arranged or designed for such use at the effective date of this chapter or its subsequent amendments, but no such use shall be extended to occupy any land outside the building.

      (4)   In the case of a legal non-conforming use of structure, the structure may be expanded two times only. Each of the two expansions may not exceed 10% of the existing floor area. The expansion shall conform to all applicable development standards except for landscaping, unless a variance of developmental standards is received from the Board of Zoning Appeals. If the structure is a commercial or industrial use in a residential district, § 156.132’s PK-03, PK-04 and PK-05 shall be used for parking standards.

      (5)   If no structural alterations are made, a legal non-conforming use of structure or structure and land in combination may be changed to another legal non-conforming use; provided that, the zoning administrator shall make specific findings that the proposed use is equally appropriate or more appropriate to the district than the existing legal non-conforming use. With the exception that if the new use requires more parking or loading area than the previous use, such new use will comply with the requirements of §§ 156.132 and 156.133 of this chapter, unless a variance from developmental standards is granted by the Board of Zoning Appeals.

      (6)   If a legal non-conforming use is discontinued or abandoned for six consecutive months, except when government action impedes access to the premises, any subsequent use of such land, structure or land and structure shall conform to the provisions of this chapter.

      (7)   When a legal non-conforming use is superseded by a permitted use, it shall thereafter conform to regulations of the district, the legal non-conforming use may not thereafter be resumed.

      (8)   Where a legal non-conforming use applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming structure of the land. Destruction is defined as damage of more than 75% of its fair market value at the time of destruction.

(Ord. 2002-05, passed 12-30-2002, § 11.5)

   The following applies to legal non-conforming signs.

   (A)   Signs which existed prior to the time this chapter was passed and were in conformance with previous ordinances will be legally non-conforming until such time a major change is made to the sign. Major changes include changing the copy, changing the size, changing the height, adding lights and/or relocation.

   (B)   All non-conforming signs shall be kept in good repair, safe, neat, clean and attractive condition. In the event non-conforming signs are not kept in said condition or are demolished by any force whatsoever to the extent of 50% or more of the fair market value of the sign structure, said signs shall then be made to conform to this chapter.

   (C)   Non-conforming signs which are structurally altered, relocated or replaced shall comply immediately with all provisions of this chapter.

(Ord. 2002-05, passed 12-30-2002, § 11.6)

   The following applies to legal non-conforming structures or buildings, and legal non-conforming uses of structures, or structures and land in combination.

   (A)   Work may be done for ordinary repairs or replacement of walls, heating, fixtures, wiring or plumbing; under the condition that the cubic content existing when the structure became non-conforming shall not be increased.

   (B)   If a structure or portion of a structure were to become unsafe or condemned due to lack of repairs or maintenance, and is declared by an authorized official to be unsafe or condemned due to physical condition; the building or structure shall be restored, repaired or rebuilt within six months of the declaration. If the improvements have not been made within the six months, all future improvements must conform to all standards and regulations within this chapter.

   (C)   If a building or structure becomes unsafe or unlawful due to physical condition and is razed, the building or structure shall be rebuilt in conformity with the district in which it is located.

   (D)   Nothing in this section shall be deemed to prevent the strengthening, repairing or restoring to a safe condition of any building or structure or part thereof declared to be unsafe by any official charged with protecting public safety upon order of such official.

(Ord. 2002-05, passed 12-30-2002, § 11.7)