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.

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.

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.

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.

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.

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.