This Chapter 6 regulates the continued existence of:

(A)

Uses established prior to the effective date of this Ordinance which do not conform to the use regulations of this Title in the zoning districts in which such uses are located. (Such uses are hereafter referred to as nonconforming uses.)

(B)

Structures constructed prior to the effective date of this Ordinance that do not comply with the applicable bulk regulations of this Title in the zoning districts in which such structures are located. (Such structures are hereafter referred to as noncomplying structures).

(A)

These regulations apply to the following categories of nonconformities:

1.

Nonconforming uses of land.

2.

Nonconforming uses of complying structures.

3.

Nonconforming uses of noncomplying structures.

4.

Noncomplying structures (as to bulk).

(B)

Nothing in this Chapter 6 is intended to prevent the strengthening or restoration to a safe condition of a noncomplying building or structure for purposes of the public health and safety.

The burden of establishing the legality of a nonconformity that is lawfully existing under the provisions of this Ordinance is upon the property owner of the nonconformity and not upon the City.

Except as provided in Section 6-6-3-9, any lawfully existing nonconforming use of a premises not involving the use of a structure, or involving only a complying structure that is accessory to a nonconforming use of land, or located in a complying structure, may be continued so long as it remains otherwise lawful, subject to the regulations contained in Sections 6-6-3-2 through 6-6-3-8.

Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any complying structure that is accessory to a nonconforming use of land or that is devoted in whole or in part to a nonconforming use; provided, however, that this Section 6-6-3-2 shall not be deemed to authorize any violation of Sections 6-6-3-3 through 6-6-3-9.

Except when permitted pursuant to a major variation, no complying structure that is accessory to a nonconforming use of land, or that is devoted in whole or in part to a nonconforming use, shall be structurally altered unless the use thereof shall thereafter conform to the use regulations of the zoning district in which it is located. Except when permitted pursuant to a major variation, no such alteration shall create any new parking, loading, bulk, yard or space noncompliance or increase the degree of noncompliance with any existing parking, loading, bulk, yard or space requirement for such structure.

(Ord. No. 4-O-13, § 2, 4-22-2013)

Except when permitted pursuant to a major variation, no complying structure that is accessory to a nonconforming use of land or a complying structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such structure shall thereafter conform to the use regulations of the district in which it is located. Except when permitted pursuant to a major variation, no such enlargement shall create any new parking, loading, bulk, yard or space noncompliance or increase the degree of noncompliance with any existing parking, loading, bulk, yard or space requirement for such structure.

(Ord. No. 4-O-13, § 3, 4-22-2013)

Except when permitted pursuant to a major variation, a nonconforming use of land that does not involve a structure, a complying structure that is accessory to a nonconforming use of land, or a nonconforming use in a complying structure, shall not be expanded, extended, enlarged or increased in intensity. Such prohibited activity shall include, without being limited to:

(A)

An expansion of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on the effective date of this Ordinance or any change thereto that causes such use to become nonconforming; and

(B)

An expansion of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this Ordinance or any change thereto that causes such use to become nonconforming.

(Ord. No. 4-O-13, § 4, 4-22-2013)

No complying structure that is accessory to a nonconforming use of land or that is devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless both the structure and the use thereof shall thereafter comply and conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

A nonconforming use of land that does not involve a structure, or involving only a complying structure that is accessory to the nonconforming use of land, or a nonconforming use in a complying structure, shall not be changed to any use other than a use permitted in the zoning district in which the use or structure is located. When such a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any nonconforming use.

Any complying structure that is accessory to a nonconforming use of land or that is devoted in whole or in part to a nonconforming use and that is damaged or destroyed, by any means, to the extent of more than forty percent (40%) of the cost of replacement of such structure new, shall not be restored unless its restoration has been authorized, pursuant to the provisions of Section 6-3-9, "Administrative Interpretations," by the Zoning Administrator by the granting of a certificate of zoning compliance. The restored structure as authorized, pursuant to the provisions of Section 6-3-9, "Administrative Interpretations," shall be accomplished without creating any new noncompliance with parking, loading, bulk, yard or space requirements or increasing the degree of noncompliance with any parking, loading, bulk, yard or space requirement existing prior to such damage or destruction.

(A)

When a nonconforming use of a site not involving a structure, or involving only a complying structure that is accessory to the nonconforming use of land, or when a nonconforming use of a part or all of a complying structure is discontinued or abandoned for a period of one (1) year, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located.

(B)

Any period of such discontinuance caused by government action, strikes, material shortages or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this Section 6-6-3.

Except as provided in Section 6-6-4-9, any lawfully existing nonconforming use located in a noncomplying structure may be continued so long as it remains otherwise lawful, subject to the regulations contained in Sections 6-6-4-2 through 6-6-4-8.

Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any noncomplying structure devoted in whole or in part to a nonconforming use provided; however, that this Section 6-6-4-2 shall not be deemed to authorize any violation of Sections 6-6-4-3 through 6-6-4-9.

Except when permitted pursuant to a major variation, a noncomplying structure devoted in whole or in part to a nonconforming use shall not be structurally altered unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. Except when permitted pursuant to a major variation, no such alteration shall create any new parking, loading, bulk, yard or space noncompliance or increase the degree of noncompliance with any existing parking, loading, bulk, yard or space requirement in such structure.

(Ord. No. 4-O-13, § 5, 4-22-2013)

Except when permitted pursuant to a major variation, a noncomplying structure devoted in whole or in part to a nonconforming use shall not be enlarged or added to in any manner, including the interior addition of floor area, unless the entire structure and the use thereof shall thereafter conform to all the regulations of the district in which it is located. Except when permitted pursuant to a major variation, no such alteration shall create any new parking, loading, bulk, yard or space nonconformity or increase the degree of any existing parking, loading, bulk, yard or space requirement in such structure.

(Ord. No. 4-O-13, § 6, 4-22-2013)

(A)

Prohibited Expansions: Except when permitted pursuant to a major variation, a nonconforming use in a noncomplying structure shall not be expanded, extended, enlarged or increased in intensity by an expansion of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this Ordinance or any amendment thereto that cause such use to become nonconforming.

(B)

Permitted Expansions:

1.

A nonconforming use in a noncomplying structure may be extended within any part of such structure lawfully existing on the effective date of this Ordinance or any amendment thereto that causes such use to become nonconforming; provided, however, that such expansion shall not be allowed unless off-street parking and loading spaces required for such expansion can be, and are, provided in accordance with Chapter 16, "Off-Street Parking and Loading."

2.

No such expansion shall be deemed to affect the duty to terminate such use pursuant to Section 6-6-4-9.

(Ord. No. 4-O-13, § 7, 4-22-2013)

A noncomplying structure devoted in whole or in part to a nonconforming use shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter comply and conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

A nonconforming use in a noncomplying structure may, upon application to the Zoning Administrator pursuant to Section 6-3-9, "Administrative Interpretations," be changed to another nonconforming use of the same or similar type or intensity or to another nonconforming use of same or similar type but of less intensity provided; however, that nothing in this Section 6-6-4-7 shall be deemed to authorize any violation of Section 6-6-4. Whenever any nonconforming use is changed to a less intensive nonconforming use, such use shall not thereafter be changed back to a more intensive nonconforming use. Whenever any nonconforming use is changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

Any noncomplying structure devoted in whole or in part to a nonconforming use that is damaged or destroyed, by any means, to the extent of sixty percent (60%) of the cost of replacement of such structure new, shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located and unless its restoration has been authorized pursuant to the provisions of Section 6-3-9, "Administrative Interpretations," by the Zoning Administrator by the granting of a certificate of zoning compliance. The restored noncomplying structure as authorized pursuant to the provisions of Section 6-3-9, "Administrative Interpretation," shall be accomplished without creating any new noncompliance with parking, loading, bulk, yard or space requirements or increasing the degree of noncompliance any parking, loading, bulk, yard or space requirements existing prior to such damage or destruction.

(A)

When a nonconforming use of a part or all of a noncomplying structure that was not originally constructed or intended for any use permitted in the zoning district in which such structure is located is discontinued or abandoned for a period of one (1) year, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located.

(B)

Any period of such discontinuance caused by government action, strikes, material shortages or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this Section 6-6-4.

Any noncomplying structure that is devoted to a use that is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in Sections 6-6-5-2 through 6-6-5-4.

Any noncomplying structure may be repaired, maintained, altered or enlarged; provided, however, that any such repair, maintenance, alteration or enlargement whether in the vertical or horizontal dimension, shall comply with all provisions of this Ordinance.

(Ord. 129-0-94)

A noncomplying structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

Any noncomplying structure that is damaged or destroyed, by any means not within the control of the owner thereof, to the extent of one hundred percent (100%) of the cost of replacement of such structure new, may be repaired or restored; provided, however, that no repair or restoration shall be made that would create any new noncompliance not existing prior to such damage or destruction, nor shall any repair or restoration except in compliance with the applicable district regulations be made unless it has been authorized, pursuant to the provisions of Section 6-3-9, "Administrative Interpretations," by the Zoning Administrator by the granting of a certificate of zoning compliance and restoration is actually begun within one (1) year after the date of such damage or destruction and is diligently pursued to completion. In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with Section 6-6-5-2.

Any use that becomes nonconforming or any structure that becomes noncomplying upon the effective date of this Ordinance and for which a variation was previously granted, shall remain subject to any conditions that were imposed pursuant to the grant of such variation.

Any use that becomes nonconforming or any structure that becomes noncomplying upon the effective date of this Ordinance and for which a special use was previously granted, shall remain subject to any conditions that were imposed pursuant to the grant of such special use.