20.80.060 Legal nonconforming use.
The following provisions apply to legal nonconforming uses:
A. Cross Reference.
1. Agricultural. With respect to agricultural legal nonconforming uses, nothing in this section shall be interpreted in a manner that is inconsistent with IC 36-7-4-616, zoning ordinance; agricultural nonconforming use.
B. Legal Nonconforming Use Provisions. The provisions for legal nonconforming uses are as follows:
1. Utilizing Existing, Enlarged, New, or Relocated Buildings. A legal nonconforming use shall be permitted to occupy or use an existing building, enlarged existing building, newly constructed building, or relocated building, provided the building meets the current Unified Development Code.
2. Utilizing Existing, Altered, New, or Relocated Structures. A legal nonconforming use shall be permitted to utilize an existing structure, altered existing structure, newly constructed structure, or relocated structure, provided the building meets the current Unified Development Code.
3. Utilizing Land. Any legal nonconforming use shall be permitted to utilize its lot, or lots owned in combination upon the effective date of the Unified Development Code, provided the utilization of land meets the current Unified Development Code.
4. Increase in Nonconformity. No legal nonconforming use shall be permitted to increase its nonconformity. The size of operation, number of employees, increase to vehicular traffic and similar increases in size do not increase nonconformity of a use. For example, a five (5) acre legal nonconforming junkyard that expands its operations onto five (5) more acres of land it previously owned does not qualify as an increase in nonconformity; it’s still a junk yard. However, if the same junk yard adds a compactor facility which previously did not exist, that would qualify as an increase in nonconformity.
C. Loss of Legal Nonconforming Use Status.
1. Abandonment of Use. If a legal nonconforming use is abandoned or is discontinued for six (6) or more months, except when a government action impedes access to the premises, it shall lose its legal nonconforming status. Any subsequent use shall conform to the provisions of the current Unified Development Code.
2. Change of Use. When a legal nonconforming use is changed, altered, or evolves to be in compliance or more in compliance with the current Unified Development Code, the legal nonconforming use status is lost or partially lost. The current use cannot revert back to the original legal nonconforming use or increments thereof. [Ord. 12-27-11 § 8.06.]