(a)

The lawful nonconforming use of a structure or land, including, but not limited to, fences, parking and zoning setbacks existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law, by order, so as to comply with the provisions of this chapter, or as permitted by Subsection (e) of this section.

(b)

If no structural alterations are made, a nonconforming use of a building may be changed to any use permitted in the same use district as that in which the use existing is permitted according to the provisions of this chapter; provided when a use district is changed, any existing, nonconforming use in such changed district may be continued or changed to a use permitted in the same use district as that in which the existing use is permitted; provided all other regulations governing the new use are complied with.

(c)

Substitution of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(d)

A setback of less than that required by Sections 118-75 through 118-84 may be permitted by the Administrator where there is at least one main building on either side of the applicant's lot within 200 feet of the proposed site that is built to less than the required setback. In such case, the setback shall be the average of the setbacks of the nearest main building on each side of the proposed site; or if there is an existing main building on only one side, the setback shall be the average of the existing buildings and the required setback. Any other setback may be permitted by the Board of Appeals according to Article XIV of this chapter.

(e)

A lawful nonconforming use of a structure or land may conditionally be permitted to be extended, enlarged, or structurally altered only pursuant to the terms of this section and only if there is no negative impact on neighboring properties or their occupants. Whether to conditionally permit any extension, enlargement, or structural alteration of a nonconforming use is a discretionary decision of the Plan Commission, and the Plan Commission may grant a request subject to certain conditions and/or for a term certain. Owners and operators of lawful nonconforming uses do not have an automatic or vested right to extension, enlargement, or structural alteration. If permitted, any extension, enlargement, or structural alteration to a lawful nonconforming use shall be deemed a conditional use for the zoning district in which the property is situated and shall be strictly limited to its terms. Any request to extend, enlarge, or structurally alter a lawful nonconforming use must be made by application for a conditional use permit as set forth in Section 118-123 of this chapter. A hearing on the application for conditional use permit shall be held in accordance with Section 118-124 of this chapter. No request to extend, enlarge, or structurally alter a lawful nonconforming use may be granted unless the Plan Commission finds that all of the conditions identified in Section 118-125 of this chapter are present and that there is no negative impact on neighboring properties or their occupants. If a conditional use permit is granted to authorize the extension, enlargement, or structural alteration of a lawful nonconforming use, the conditional use permit shall be subject to all of the ordinances governing conditional use permits, including, but not limited to, Sections 118-122 through 118-129 of this chapter.

(Code 2005, § 13-1-70; Ord. No. 691A, § 1, 6-19-2008; Ord. No. 712A, § 1, 12-14-2010)

(a)

Termination. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this chapter.

(b)

Building destroyed by fire. Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than 50 percent of its fair market value, the same may be rebuilt; but where such a building is destroyed to the extent of more than 50 percent of its fair market value, the building may not be rebuilt unless a permit is granted by the Plan Commission for its reconstruction within 12 months from the date of such fire or other calamity, except any public utility located in a restricted district shall be permitted to rebuild, alter or enlarge in any business or industrial district as the interest of the public demands.

(Code 2005, § 13-1-71)

Any lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter. However, it shall not be extended, enlarged, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter. However, said nonconforming structure may be repaired, restored, or rebuilt to the size, location, and conforming use that it had been immediately before the damage or destruction occurred, without any limits as to the cost of repair, reconstruction or improvement. Said repair, reconstruction, or improvement, shall be a permitted use, except however, the building inspector may refuse to issue a building permit if the restoration or repair will materially impair the health, safety or welfare of a neighboring property owner or the general public. A property owner may appeal the building inspector's decision to the Board of Appeals, without fee, if they do not agree with any decision of the building inspector. The building inspector may also permit the size of the structure to be larger than the size it was immediately prior to the damage or destruction or other deterioration, if necessary, for the structure to comply with other applicable State or Federal requirements. This section does not apply to nonconforming uses.

(Code 2005, § 13-1-72)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board of Appeals.

(Code 2005, § 13-1-73)

(a)

Any lot in existence at the time of adoption of this chapter and legally recorded with the Register of Deeds shall be considered a lot of record and shall hereby be considered legally buildable even though the lot may not meet the minimum lot area and lot width requirements, provided that the lot is in separate ownership from abutting land, has a minimum width of 66 feet, and further provided that the lot is developed with a use that is permitted and at the setback required by the district in which it is located under this chapter.

(b)

A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be, issued only after a variance is granted by the Board of Appeals.

(Code 2005, § 13-1-74)