A.

It is the intent of this ordinance that lawful nonconformance shall be permitted to be enlarged, expanded, extended, repaired, reconstructed or replaced, but only in accordance with the following provisions of this article. The existing structures and uses of land which were lawfully established or constructed under the previous ordinance, but which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments thereto are nonconforming uses.

B.

It is the intent of this ordinance to permit such lawful nonconformance to continue until they are removed but not to encourage their continuation.

C.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance, and upon which actual construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where excavation or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently.

A.

In any district in which structures or dwellings are permitted, a single dwelling and customary accessory buildings thereto may be erected on any single lot which was a lot of record at the effective date of this ordinance or subsequent amendment thereto, provided all applicable township, county and state regulations are complied with and all required permits are duly obtained. Notwithstanding limitations imposed by other provisions of this ordinance, such lot must be in separate ownership and not of continuous frontage with lots in the same ownership the combining of which would create a lot which would conform to the provisions of this ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations of the district in which the lot is located. Variance of yard requirements shall be obtained only through action by the board of appeals in accordance with article VII.

B.

If two or more lots or combination of lots or portions of lots with continuous frontage in single ownership are of record at the effective date of this ordinance, or subsequent amendment thereto, and if all or part of the lots do not meet requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcels shall be used or divided in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.

A.

Where a lawful nonconforming structure or portion of a structure exists at the effective date of this ordinance or subsequent amendment thereto that could not be built under the terms of this ordinance by reasons of restrictions on lot size, height, yards, location on the lot or other requirements concerning the structure, such structure may be continued if it remains otherwise lawful, provided:

(1)

Such nonconforming structure, or portion of a structure, may be enlarged, extended, repaired, reconstructed or replaced, providing all applicable provisions of the Porter Township Construction Code and all applicable provisions of all other township, county and state regulations are complied with and all required permits are duly obtained.

(2)

The enlargement, extension, repair, reconstruction or replacement of such nonconforming structure or portion of a structure shall be subject to the yard, height, bulk and placement requirements of the district regulations for the zoning district in which the structure is located. Provided however, that in cases where compliance with such regulations would cause practical difficulty or undue hardship, relief there from may be granted by the board of appeals in accordance with provisions of article VII.

(3)

The enlargement, extension, repair, reconstruction or replacement of such nonconforming structure or portion of a structure shall be confined to the lot of record upon which it was located at the effective date of adoption or amendment of this ordinance.

A.

Where at the effective date of this ordinance, or subsequent amendment thereto, lawful use of structures or land exists which would not be permitted by the regulations of this ordinance remains otherwise lawful, provided:

(1)

Such nonconforming use of a structure or land may be enlarged, extended or increased provided that all applicable district regulations of this ordinance for the district in which such nonconforming use is located, and:

(2)

Such nonconforming use of a structure or land shall be confined to the lot of record which it was located at the effective date of adoption or amendment of this ordinance.

(3)

Whenever any lawful nonconforming use of a structure or land is superseded by a permitted use, the use of such structure or land shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.