Indiana City Zoning Code
ARTICLE VII
Nonconforming Uses
§ 460-40 Continuance.
The use of a property or building lawfully in existence prior to the effective date of this chapter (September 3, 1963) but made nonconforming as the result of the adoption of this chapter or any subsequent amendments may be continued indefinitely except as provided by this article.
§ 460-41 Restoration.
Any nonconforming building or structure which is accidentally damaged or destroyed in any way or is in a dilapidated condition may be restored or rebuilt to be used as before, provided that the restoration or rebuilding does not make the building or structure more nonconforming than previously as to its height or setback from property lines, and provided further that the restoration or rebuilding is completed within one year of the date the damage or destruction occurred or the date of insurance settlement, unless the Zoning Hearing Board finds a hardship is created by the one-year limit and authorizes an additional year to complete the work.
§ 460-42 Expansion.
A.
A nonconforming use or building may be expanded not more than 50% over and above the area on the ground it occupied when this chapter was adopted or amended to create the nonconformity, provided the expansion does not violate any required minimum setbacks from property lines, maximum lot coverage or maximum building height, or § 460-21B of this chapter regarding the extension of nonconforming walls.
B.
If one or more additional stories are to be added to the building to accommodate the nonconforming use, the total floor area within the building shall not be increased by more than 50%.
C.
While expansion may occur incrementally over a period of time, the total expansion of ground area and floor area for the nonconforming use shall not exceed 50% over the area occupied when the nonconformity was created.
§ 460-43 Displacement.
A nonconforming use shall not be extended to displace or diminish a conforming use.
§ 460-44 Discontinuance.
A.
If a nonconforming use is discontinued for a period of at least nine months for any reason, use of the property thereafter shall be in conformance with the regulations of this chapter.
B.
Removal of stock-in-trade, furnishings and/or equipment used in the nonconforming operation shall establish the date of discontinuance. A good faith-active effort backed by written documentation on the part of the owner to sell the nonconforming use in the same location shall indicate an intent not to abandon. However, no active attempt to sell, or lack of documentation, shall indicate an attempt to abandon.
C.
The property owner may petition the Zoning Hearing Board for an extension of up to nine additional months if he/she can prove illness or financial crisis have created a hardship.
§ 460-45 Change of use.
A.
The Zoning Hearing Board may approve the change of a nonconforming use to a second, less nonconforming use. The Board shall review the proposal and may approve it, reject it or approve it with specific conditions.
[Amended 11-7-2000 by Ord. No. 2000-011; 5-3-2005 by Ord. No. 2005-02]
B.
If a nonconforming use is changed to a conforming use, it may not thereafter be changed to a nonconforming use.
C.
Once a nonconforming use has been converted to a less nonconforming use, it may not be changed to a more nonconforming use. Any time that a nonconforming use is changed to a less nonconforming use, a certificate shall be obtained from the Zoning Officer.
[Amended 5-3-2005 by Ord. No. 2005-02]
D.
When a nonconforming use of a building or structure and outside area of the same property exist in combination, the removal of the building or structure shall terminate the nonconforming use of the premises unless the owner files notice with the Zoning Officer that he/she intends to replace the building or structure within one year of the date of removal. The same shall apply to the removal of the nonconforming use from the building or structure.
§ 460-46 Transfer of ownership.
A.
A nonconforming use may be sold, leased or bequeathed by one owner to another party.
B.
Each succeeding owner of a business nonconforming use shall request approval from the Zoning Officer before commencing operation, to assure that the use will be operated in the same manner as formerly. If not, the Zoning Officer shall refer the owner to the Planning Commission for a decision on the proposed changed use.
§ 460-47 Repair and maintenance.
A.
Normal maintenance and repair, and incidental alteration of a building or structure containing a nonconforming use is permitted, provided it does not extend the land or floor areas or volume of space occupied by the nonconforming use.
B.
Each succeeding owner of a business nonconforming use shall request approval from the Zoning Office before commencing operation, to assure that the use will be operated in the same manner as formerly. If not, the Zoning Office shall refer the owner to the Zoning Hearing Board for a decision on the proposed changed use.
[Amended 2-2-2016 by Ord. No. 2016-03]
C.
If a property owner secures a permit for a building to contain a use that is permitted in the zone district where the property is located, he/she may commence and complete construction within six months of getting the permit, and may apply for permit renewals, even though this chapter may be amended after the permit is issued that makes the use and/or building nonconforming.
§ 460-48 Letter of nonconformity.
[Amended 5-3-2005 by Ord. No. 2005-02; 2-2-2016 by Ord. No. 2016-03]
All nonconforming uses shall be issued a certificate documenting the nonconforming use. The certificate shall be issued by the Zoning Office to establish a nonconforming use status and its eligibilities for the rights accorded to nonconforming uses by this article.