The policy of this zoning ordinance with respect to nonconforming uses is to secure gradual or eventual elimination of nonconforming uses and to restrict or diminish, rather than increase, such uses. (Gen. Ord. No. 1, 1995, art. 6, § 1, 4-24-95)

The lawful use of a building or premises under any preceding zoning ordinance for the City of Wabash, existing at the time of passage of this ordinance, may be continued although such use does not conform to all the provisions of this ordinance. (Gen. Ord. No. 1, 1995, art. 6, § 2, 4-24-95)

A nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law. (Gen. Ord. No. 1, 1995, art. 6, § 3, 4-24-95)

a.

A nonconforming use may, with the approval of the board, be changed to another nonconforming use of the same or greater restrictions, provided the size of the structure is not increased.

b.

Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use. (Gen. Ord. No. 1, 1995, art. 6, § 4, 4-24-95)

No building or building additions shall be erected upon any premises devoted to a nonconforming use, except in conformance with the provisions of this ordinance. (Gen. Ord. No. 1, 1995, art. 6, § 5, 4-24-95)

a.

Except as provided in paragraph "b" herein, no building or premises devoted to a nonconforming use at the time of the passage of this ordinance, damaged by any act or event, shall be reconstructed or repaired beyond the extent of such nonconforming use in existence when such damage occurred. Provided, however, that such reconstruction must commence within one (1) year from the date of such discontinuance, pursuant to and in accordance with, a building permit issued pursuant to this ordinance.

b.

No building or premises devoted to a nonconforming use at the time of the passage of this ordinance, damaged by any willful, wanton, reckless or negligent act of omission of its owner, tenant, or agent of either, with damage rendering such building or premises unsuitable to continue such nonconforming use, shall be reconstructed or repaired unless its use is thereafter in compliance with this ordinance. (Gen. Ord. No. 1, 1995, art. 6, § 6, 4-24-95)

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which an improvement location permit has been heretofore issued, and the construction of which has been diligently prosecuted within ninety (90) days of the date of such permit, and which entire building shall be completed according to such plans as filed within three (3) years from the date of passage of this ordinance. (Gen. Ord. No. 1, 1995, art. 6, § 7, 4-24-95)

The board may authorize, by written permit, in a district permitting residential use, a temporary building for business or industrial use incidental to the residential construction and development of said district. Such permit shall be valid for a period of not more than one (1) year and shall not be renewed for more than three (3) successive periods at the same location. (Gen. Ord. No. 1, 1995, art. 6, § 8, 4-24-95)

Except as provided in section 10-90, in the event that a nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. (Gen. Ord. No. 1, 1995, art. 6, § 9, 4-24-95)

These provisions apply in the same manner to a use which may become a nonconforming use as a result of an amendment to this ordinance. (Gen. Ord. No. 1, 1995, art. 6, § 10, 4-24-95)

No persons or entity shall be entitled to claim a nonconforming use with respect to day care, day care homes, or a day care center, unless such person or entity shall register within thirty (30) days following enactment of this ordinance with the building commissioner. Such registration shall be in writing, on forms provided by the building commissioner and shall contain, at a minimum, the following information:

Name of person, business name, location by street address, number of children, and whether they are licensed by the Indiana Department of Welfare, Family and Children Division.

Failure to so register will be considered a waiver of a claim of nonconforming use and further shall constitute a violation of this ordinance. (Gen. Ord. No. 1, 1995, art. 6, § 11, 4-24-95)