Valparaiso City Zoning Code

(Ord. # 18, 2024, 08/12/2024)

(Ord. # 18, 2024, 08/12/2024)

The purpose of this Article is to permit legal nonconformities yet secure the gradual or eventual elimination of them by restricting and diminishing them.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

This Article establishes regulations for lots, uses, buildings, structures, and signs, that were legally established, but no longer conform to the City's land development regulations.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   General Types of Legal Nonconformity. There are four general types of legal nonconformities that are recognized by this UDO.

   1. 1.
      Lots. A lawfully established lot, not held in common with any other lot, that does not meet the area or other dimensional standards of this UDO, is a legal lot which is subject to the provisions of this Article. 
   2. 2.
      Nonconforming Uses. This term applies to nonconforming uses of land and/or nonconforming uses within buildings or structures. The following uses are legally nonconforming uses:

      1. a.
         Uses that were lawfully established but are not currently listed as Permitted, Limited, or Special Uses in the district in Section 2.201, Permitted, Limited, and Special Uses, are nonconforming uses.
      2. b.
         Uses that are listed as Special Uses or Limited Uses in a district, but were lawfully established without a Special Use or Limited Use approval. For these uses, the nonconforming use status may be removed by obtaining the relevant approval (including prescribed standards). (see Article 2, Permitted Uses and Supplemental Standards).
      3. c.
         Uses that were lawfully established within a floodplain or floodway, but are no longer permitted in the floodplain or floodway.
   3. 3.
      Nonconforming Buildings or Structures. The following are legally nonconforming buildings or structures:

      1. a.
         Buildings or structures that fail to meet the development type (including unit count) or bulk standards related to buildings or structures (density, intensity, setbacks, and height) of this UDO.
      2. b.
         Buildings or structures that were lawfully established within a floodplain or floodway, but are no longer permitted due to their location or elevation within the floodplain or floodway.
   4. 4.
      Nonconforming Signs. See Article 5, Signs.
2. B.
   Unlawful Uses, Buildings, Structures, Lots, or Signs. A lot, use, building, structure, or sign that did not comply with applicable laws at the time it was established, constructed, or created, is an unlawful lot, use, building, structure, or sign. Unlawful lots, uses, buildings, structures, and signs are violations of this UDO and are not subject to this Article 13, Nonconformities.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

A person/entity who claims a (legal) nonconforming use has the burden of establishing the claim.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Combination of Lots to Increase Conformity.

   1. 1.
      Where a landowner owns several abutting lots that do not conform to the dimensional requirements of the district in which they are located, they shall combined to create fully conforming lots or, if full conformity is not possible, they shall be combined to the extent that the combination increases the degree of conformity.
   2. 2.
      The City will not require the combination of lots pursuant to paragraph A.1., above, if either:

      1. a.
         Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down in order to comply with this UDO; or
      2. b.
         The combination of lots would materially disrupt the character of the neighborhood, for example, by creating a through lot mid-block on a street segment that does not include any other through lots.
2. B.
   Construction on Legal Lots That Do Not Conform to Dimensional Requirements. A legal lot that does not meet district requirements with respect to area, lot width, or frontage may be built upon if:

   1. 1.
      The lot is a lot of record; and
   2. 2.
      The use is permitted in the district in which the lot is located;
   3. 3.
      The lot has sufficient frontage on a public street to provide access that is appropriate for the proposed use;
   4. 4.
      All yards or height standards are complied with, except that the Planning Director may authorize a reduction of required yards of up to 10 percent, provided that the Planning Director finds that the reduction does not allow a building that would be larger than permitted on a conforming lot.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Generally. Where nonconforming uses of a premises would not be permitted by the provisions of this UDO, such uses may continue so long as they remain otherwise lawful, subject to compliance with the following provisions. Should the following provisions be in conflict with Section 13.305 Nonconforming Buildings or Uses in the Floodplain or IC 36-7-4-1019, the provisions of Section 13.305 and/or IC36-7-4-1019 shall govern.
2. B.
   Maintenance. Although routine maintenance is described in Section 13.304 Restrictions for Nonconforming Buildings and Structures, nonconforming uses may be housed in either conforming or nonconforming buildings or structures (or on premises without any structures). Routine maintenance is permitted to the extent said maintenance does not extend or intensify the nonconforming use.
3. C.
   Alteration, Enlargement, or Extension.

   1. 1.
      A nonconforming use shall not be altered, enlarged, or extended to occupy additional space than upon initial approval. Additionally, no structural alteration of any kind shall be made in any building or structure containing a nonconforming use, except in the following situations:

      1. a.
         When the alteration is required by law;
      2. b.
         When the alteration will result in eliminating the nonconforming use; or
      3. c.
         When a building or structure in a residential district containing residential nonconforming use(s) is altered in any way to improve livability, provided that no structural alterations are made that increase the number of dwelling units, bedrooms, floor area, nor increase the nonconformity of the building in any way.
   2. 2.
      Such legal nonconforming use shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use;
   3. 3.
      No additional building or structure shall be erected in connection with such legal nonconforming use;
   4. 4.
      A legally established nonconforming parking area, outside storage area, or outside operations area may be maintained, repaired, or upgraded with pavement provided that:

      1. a.
         There is no increase in the total area occupied by the parking area, outside storage area, or outside operations area;
      2. b.
         If, in the discretion of the Planning Director, pavement would serve to reduce a potential negative impact of the exiting parking area, outside storage area, or outside operations area on surrounding properties (e.g., reduction in dust, noise, erosion, etc.); and
      3. c.
         Such pavement shall require proper permit(s) and shall also be subject to full review under and compliance with the stormwater management requirements.
4. D.
   Destruction. If any building or structure that houses a nonconforming use is destroyed by any means, such use shall lose its nonconforming status and shall not be reestablished. (To be destroyed means to suffer damage to the extent of more than fifty percent (50%) of the replacement cost of the building or structure based on a current appraisal and damage report by a qualified professional, exclusive of foundation.) Any future uses shall conform to this UDO. Should the following provisions be in conflict with IC 36-7-4-1019, the provisions of IC 36-7-4-1019 shall govern.
5. E.
   Discontinuance. A nonconforming use shall remain an active use to maintain its legal nonconforming classification. Whenever a nonconforming use is discontinued for a period of 180 consecutive days, regardless of the owner’s intent, such use shall lose its legal nonconforming status and shall not thereafter be reestablished. Any future uses shall conform to this UDO. This excludes right to farm legislation measures in IC 36-7-4-616.
6. F.
   Early Abandonment. A nonconforming use shall be presumed to be abandoned before the period specified in the Discontinuance subsection above if the intent of the owner or occupant to discontinue the nonconforming use is obvious to the reasonable person.
7. G.
   Conversion. After a nonconforming use is converted to a conforming use, the use may not thereafter be converted back to any non-conforming use. A nonconforming use shall not be converted to any other legal nonconforming use without Use Variance approval or rezoning to a district that permits the land use. This excludes right to farm legislation measures in IC 36-7-4-616.
8. H.
   Change of Ownership. Change of ownership does not impact the legality of a nonconforming use unless such was specified in the approval of said use. (For instance, a Use Variance that was to apply to the Petitioner only, only to find the property changed hands and the use continued. The use under new ownership would be an unlawful use.)

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.

   Generally.  Where a nonconforming building or structure exists that could not be rebuilt under the terms of this UDO by reason of development type (including unit count) or bulk standards related to buildings or structures (density, intensity, setbacks, and height), such building or structure may continue to exist so long as it remains otherwise lawful, subject to compliance with the following provisions. This Section excludes the topic of Nonconforming Signs, addressed in Article 5, Signs. Should the following provisions be in conflict with Section 13.305 Nonconforming Buildings or Uses in the Floodplain or IC 36-7-4-1019, the provisions of Section 13.305 and/or IC36-7-4-1019 shall govern.

2. B.
   Maintenance. Routine maintenance of a nonconforming building or structure is permitted, including necessary non-structural repairs, wiring, plumbing, fixtures, paint, and incidental alterations which do not materially extend the life of the nonconforming structure. Of note, routine maintenance/repair is not, for instance, optional replacement of non-structural walls or rewiring/replumbing a building.
3. C.
   Alteration or Enlargement. Alteration or enlargement of a nonconforming building or structure shall not increase the extent of nonconformity.
4. D.
   Damage. When a nonconforming building or structure is damaged to the extent of fifty percent (50%) or less the replacement cost of the structure based on a current appraisal and damage report by a qualified professional, exclusive of foundation based on a current appraisal, the building or structure may be rebuilt in the same location, using the same building footprint, provided that rebuilding begins within one (1) year of the event which caused the damage. Rebuilding shall be diligently pursued to completion or the right to restore the building or structure as nonconforming shall be forfeited. Restoration of a nonconforming building or structure shall not increase the extent of nonconformity existing prior to such damage. Of note, such building or structure may be altered so as to decrease the extent of nonconformity.
5. E.
   Destruction. Should a nonconforming structure or portion of a structure be destroyed by any means, it shall not be rebuilt, restored, or reconstructed, or occupied for any use not permitted in the district in which the property is located unless the structure will then conform to all regulations of this Ordinance. To be destroyed means to suffer damage to the extent of more than fifty percent (50%) of the replacement cost of the building or structure based on a current appraisal and damage report by a qualified professional, exclusive of foundation.
6. F.
   Relocation. Should such nonconforming building or structure be relocated for any reason for any distance whatsoever, such shall be in conformity with the provisions of this UDO.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

1. A.
   Generally. Existing buildings or uses in the floodplain that do not conform to the standards of Article 4, Site Capacity and Environmental Standards, as it pertains to floodplains and floodways, are nonconforming. Such uses or structures are susceptible to flood damage, and the City may incur substantial costs should such flood damage occur. Therefore, elimination of the nonconformity or correction of violations are a priority.
2. B.
   Damaged Buildings. In general, building permits for substantial repair of flood damage (that is, repairs with a value equal to 50 percent or more of the value of the building or structure sought to be repaired) within special flood hazard areas are subject to the standards of Division 4.500, Floodplain Management.
3. C.
   Substantial Repairs. Building permits shall not be issued for substantial repair of flood damage in the following circumstances:

   1. 1.
      If the standards of Division 4.500, Floodplain Management cannot be met, the building or structure cannot be rebuilt, and its use shall be discontinued.
   2. 2.
      Buildings, except mobile homes and manufactured homes, that are located on parcels on which it is feasible to relocate the building out of the floodplain. However, if it is not feasible to relocate the building, building permits may be issued only if the work includes elevating or floodproofing the building as provided in Division 4.500, Floodplain Management.
   3. 3.
      Mobile homes or manufactured homes that are damaged or moved from their foundations by floodwaters, except that mobile homes or manufactured homes may be replaced by new mobile homes or manufactured homes, provided that:

      1. a.
         The replacement is according to the applicable standards set out in Division 4.500, Floodplain Management; and
      2. b.
         The replacement home is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards.
   4. 4.
      Mobile homes or manufactured homes that are damaged by flooding such that the cost of repair is more than 30 percent of the value of the building shall be relocated out of the special flood hazard zone when practicable. If it is not practicable to move the mobile home or manufactured home, it shall either be:

      1. a.
         If located within Flood Zone A, A1-30, AH, or AE:

         1. i.
            Located where the difference in elevation between the site and street and the flood elevation is less than one foot, and
         2. ii.
            The bottom of the structure is elevated at least two feet above the base flood elevation; or
      2. b.
         Brought into compliance with the requirements of "Standards for Manufactured Homes and Recreational Vehicles" as contained in Division 4.500, Floodplain Management.
   5. 5.
      Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of Division 4.500, Floodplain Management shall meet the requirements of “new construction” as contained in Division 4.500, Floodplain Management; and,
   6. 6.
      Any alteration, repair, reconstruction or improvement to a structure that is not in compliance with the provisions of Division 4.500, Floodplain Management; shall be undertaken only if said nonconformity is not further, extended, or replaced.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024