A legal nonconforming use may be continued, although such use does not conform to all the provisions of the Unified Development Ordinance, as hereinafter provided:

1. A legal nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law. Existing residences in the various Business and Industrial Districts may be structurally altered and expanded.
2. A legal nonconforming use may be changed to another legal nonconforming use of the same restrictions, provided no structural alterations are made in the building. Whenever a legal nonconforming use has been changed to a conforming use, it shall not thereafter be changed to a legal or an illegal nonconforming use.
3. No building shall be erected upon any premises devoted to a legal nonconforming use, except in conformance with the applicable provisions of the Unified Development Ordinance.
4. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit or Improvement Location Permit has been heretofore issued, and the construction of which has commenced and has been diligently pursued within one (1) year of the date of issuance of such permit, and which entire building shall be completed according to such plans within three (3) years from the date of passage of the Unified Development Ordinance.
5. In the event that a legal nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of said building or premises shall thereafter conform to the applicable provisions of the Unified Development Ordinance.
6. Existing uses eligible for special use approval shall not be considered legal nonconforming uses nor require special use approval for continuance but shall require special use approval for any alteration, enlargement or extension.
7. These provisions shall apply in the same manner to any use which may become a legal nonconforming use due to a later amendment to the Unified Development Ordinance.
8. Waivers: The applicant may request a Plan Commission Waiver from the dimensional and quantitative standards of Article 5, Section 5.20: Bufferyard Standards, by not greater than ninety percent (90%), in the instances where an industrial-zoned parcel comes before the Plan Commission with an alteration or expansion.

An illegal nonconforming use shall not be validated by the adoption of the Unified Development Ordinance.

A legal or illegal nonconforming use located in a floodplain, as identified by Carmel City Code, Chapter 10, Article 5: Carmel Flood Damage Prevention Ordinance shall not be expanded or enlarged without a permit for construction from the Indiana Natural Resources Commission plus adherence to the appropriate restrictions herein.

A building nonconforming only as to height, lot area or yard requirements may be altered or extended, provided that an extension meets all of the height, yard and other applicable provisions of the Unified Development Ordinance.

The casual, intermittent, temporary or illegal use of land, buildings or premises shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

In circumstances where there is question whether or not a nonconforming use exists, it shall be considered a question of fact and shall be decided by the Board of Zoning Appeals following public notice and a public hearing in accordance with the Rules of Procedure of the Board of Zoning Appeals.

The following structures and uses shall be exempt from the provisions of the Unified Development Ordinance:

1. Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water and the collection of sanitary sewage or surface water operated and/or maintained by a government entity or a public utility, including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during construction, whether any such facility is located underground or above ground, but only when such franchised utility facilities are located in a street right-of-way or in an easement less than twenty-five (25) feet in width. The provisions of the Unified Development Ordinance shall be complied with on all private property and in easements twenty-five (25) feet in width and over.
2. Railroad tracks, rights-of-way signals, bridges and similar facilities and equipment located on a railroad right-of- way, and maintenance and repair work on such facilities and equipment.
3. Farms, as defined herein, are permitted in all districts. Dwellings and major (over 400 square feet) accessory buildings are subject to obtaining Improvement Location Permits for construction.
4. Nothing in the Unified Development Ordinance shall prevent the restoration of a building or structure destroyed less than forty percent (40%) of its square footage at the time of such destruction (exclusive of the value of the lot) by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of the Unified Development Ordinance; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than forty percent (40%) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed forty percent (40%) or more shall be subject to obtaining an Improvement Location Permit and payment of fees.
5. All City of Carmel and Clay Township governmental facilities and buildings are exempt from the zoning require- ments and procedures listed herein.

1. Conforming Uses: A Development Plan shall be submitted to the Plan Commission for its approval when a legal non-conforming use is changed to a conforming use and when either:
   1. Any new building is to be constructed; or
   2. Any existing building or site development (including addition of parking lot) is expanded by more than thirty percent (30%).
2. Non-Conforming Uses: A Development Plan shall be submitted to the Plan Commission for its approval when a legal non-conforming use is altered as follows:
   1. A building has been more than sixty percent (60%) destroyed.
   2. Any expansion of a building or site development (including addition of parking lot). Normal maintenance and repair is exempt from the Development Plan approval requirement.
   3. If property or building is vacated for more than one (1) year.

1. Restoration after Destruction of Building: Nothing in the Unified Development Ordinance shall prevent the restoration of a building or structure destroyed 100% or less of its square footage at the time of such destruction by explosion, fire, flood, earthquake, windstorm, act of God, riot or act of a public enemy; or shall prevent the continu- ance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed 100% or less and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans shall be subject to obtaining an Improvement Location Permit and payment of fees and comply with Article 5, Section 3.72(A): Architectural Design Standards and Article 3, Section 3.72(B): Construction Material Standards.

1. The Planning Administrator shall keep record of those signs and any necessary proof that said signs are Legal Non-Conforming Signs and record of such signs will be available to the general public by way of paper copy in the Planning and Zoning Office and on the City’s webpage: www.carmel.in.gov.
2. The Planning Administrator shall also use all reasonable efforts to notify the user or owner of the property on which such sign is located of the signs non-conformity and whether it is legally non-conforming or is illegal. Should any questions arise as a result of the Planning Administrator’s decision that a sign is a Legal Non-Conforming Sign or is illegal, the final determination of such status shall be made by the Board of Zoning Appeals as provided for in Section 8.06: Existence of a Nonconforming Use.
3. Where a non-conforming sign was legally existing on January 1, 2017, the Planning Administrator shall register such sign as a Legal Non-Conforming Sign, specifying on the registration form the date of the erection or installation of such sign and, if applicable, the dates on which the Board of Zoning Appeals granted a variance and a Sign Permit was issued.
4. A non-conforming sign as described in Section 8.10(C) which is duly registered shall thereafter be deemed a Legal Non-Conforming Sign and may be continued without further action.
5. If the Planning Administrator determines that a non-conforming sign was not legally erected or installed, the user or owner shall have the opportunity to appeal the Planning Administrator’s determination to the Board of Zoning Appeals or to obtain a Variance from the Board of Zoning Appeals allowing the sign to be continued. If the Board of Zoning Appeals has not reversed the Planning Administrator’s determination or granted a variance allowing the sign to be continued, it shall thereafter be deemed an illegal sign and shall be immediately brought into conformance with Section 5.39: Sign Standards or shall be removed.
6. A Legal Non-Conforming Sign shall immediately lose its Legal Non-Conforming designation if:
   1. The sign is not kept in good repair and in a safe condition and the state of disrepair or unsafe condition continues for six (6) months;
   2. The sign is relocated;
   3. The complete sign and sign structure are replaced; or
   4. The Sign Permit or Variance under which the sign was allowed or permitted expires.
7. On the happening of any one (1) of the above conditions the sign shall be immediately brought into conformance with Section 5.39: Sign Standards with a new Sign Permit secured therefore, or shall be removed.
8. Nothing in Section 5.39: Sign Standards shall relieve the owner or user of a Legal Non-Conforming Sign or owner of the property on which the Legal Non-Conforming Sign is located from the provisions of Section 5.39: Sign Standards regarding safety, maintenance and repair of signs.