Michiana City Zoning Code
ARTICLE VI
Nonconforming Lots, Uses and Structures
§ 360-43 Purpose.
It is recognized that there exist lots, structures and uses of land and structures within the districts established by this chapter and subsequent amendments which were lawful before this chapter was passed or amended, which would be prohibited, regulated or restricted under the terms of this chapter or subsequent amendment. It is the purpose of this article to permit legal nonconforming lots, structures and uses to continue until they are removed or discontinued and to provide for their maintenance and repair but not their expansion, enlargement, extension or other alteration which in any way increases nonconformity, except as otherwise provided by this article.
§ 360-44 Nonconforming lots.
[Amended 7-12-2013 by Ord. No. 2013-03]
Notwithstanding limitations imposed by other provisions of this chapter, any use and customary accessory structures may be erected on any single lot of record in existence at or before the effective date of the adoption of this chapter by the Village Council, where such use is an authorized use by right in said district according to Article IV, even though such lot fails to meet the requirements for area, width and/or frontage that are generally applicable in the district. However, all yard dimensions, setbacks and other requirements not involving area, width and/or frontage shall conform to the regulations for the district in which such lot is located unless a variance is obtained through approval of the Zoning Board of Appeals.
§ 360-45 Nonconforming uses.
Where, at the effective date of adoption or amendment of this chapter, a lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No nonconforming use shall be enlarged or increased in area or bulk nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter. However, a nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
B.
No nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption or amendment of this chapter.
C.
A change of tenancy or ownership of a nonconforming use is allowed, provided there is no increase in the degree of nonconformance of the nonconforming use.
D.
Irrespective of other requirements of this chapter, if no structural alterations are made, any nonconforming use of a structure and lot may be changed to another nonconforming use of less nonconformance, provided that the Zoning Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals may require appropriate conditions and safeguards in accord with the purposes of this chapter. Where a nonconforming use, structure or use and structure in combination is hereafter changed to a less nonconforming character, it shall not thereafter be changed to a greater nonconforming character.
E.
Any nonconforming use of land or structure, or combination thereof, which is superseded by a permitted use shall thereafter conform to the regulations for the district in which such use is located, and the nonconforming use may not thereafter be resumed.
F.
If a nonconforming use of a lot ceases for any reason for a period of more than 180 consecutive days, the subsequent use of such lot shall thereafter conform to the regulations and provisions of this chapter for the district in which such lot is located.
§ 360-46 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter or subsequent amendment by reason of restrictions on area, lot coverage, height, setbacks, yards or other characteristics of the structure or location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No nonconforming structure may be enlarged or altered in any way which increases its nonconformity. For clarification purposes and by example only, an increase in the height or bulk/cubic content of that portion of a building which encroaches into a required setback, and is therefore nonconforming, constitutes an increase in nonconformity.
B.
Should a nonconforming structure be destroyed by any means to an extent of more than 50% of its replacement value, exclusive of foundations, it shall not be reconstructed except in conformity with the provisions of this chapter, including the respective site development standards for the district in which it is located, except as provided in Subsection B(1) below. In identifying the extent of destruction and the cost to replace the damaged structure, the Zoning Administrator shall seek a written opinion from a qualified building appraiser, and the opinion shall include the basis for the opinion.
(1)
Nothing in this subsection shall prohibit the replacement of a nonconforming structure on the same foundation, provided the nonconforming aspect of the nonconforming structure does not exceed 20% of the required standard, such as the standard for setback, height and lot coverage. For clarification and by example only, a structure encroaching five feet into a required ten-foot side yard setback, if destroyed, could be replaced on the same foundation, provided the encroachment was reduced to two feet (20% of 10 feet). This subsection shall not be interpreted as prohibiting the repair and replacement of a nonconforming swimming pool to its same nonconformity prior to such repair or replacement, nor shall it be interpreted as authorizing any increase in nonconformity by any repair or replacement structure. See Subsection A above.
C.
Should such structure be moved for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
D.
Where nonconforming status applies to a structure and use in combination, removal or destruction of the structure to an extent of more than 50% of its replacement value, exclusive of foundations, shall eliminate the nonconforming status of the land, and all subsequent uses and structures on the land shall conform to the applicable district regulations.
§ 360-47 Repairs and maintenance.
A.
Nonconforming structure. A nonconforming structure may be maintained and repaired, provided such repair and maintenance does not have the effect of increasing its nonconformity.
B.
Nonconforming use. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 10% of the then-building's replacement cost prior to the initiation of repairs, exclusive of foundations, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
C.
Unsafe building. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Building Inspector.
§ 360-48 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions of this chapter shall also apply to any existing lots, uses and structures that become nonconforming as a result of the boundary changes.
§ 360-49 Illegal nonconformities.
Nonconforming lots, uses and structures existing at the effective date of this chapter or amendment thereto, that were established without approval of zoning compliance or without a valid building permit, or those nonconforming lots, uses and structures that cannot be proved conclusively as existing prior to the effective date of this chapter or amendment thereto, shall be declared illegal nonconforming uses and are not entitled to the status and rights accorded legally established nonconforming uses by this chapter.