The lawful nonconforming use of a structure,
land or water existing at the time of the adoption or amendment of
this chapter may be continued although the use does not conform to
the provisions of this chapter; provided, however, that only the portion
of the land or water in actual use may be so continued, and the structure
may not be extended, enlarged, reconstructed, substituted, moved,
or structurally altered except when required to do so by law or order
or so as to comply with the provisions of this chapter.
A. Total lifetime structural repairs or alterations shall
not exceed 75% of the equalized full assessed value of the structure
at the time of its becoming a nonconforming use unless it is permanently
changed to conform to the use provisions of this chapter.
B. Substitution of new equipment may be permitted by
the Plan Commission if such equipment will reduce the incompatibility
of the nonconforming use with the neighboring uses.
C. For the purpose of this chapter, a nonconforming use
shall begin as of the time it was made nonconforming by the terms
of a preceding ordinance, of this chapter, or of an amendment to this
chapter.
A lawful nonconforming structure existing at
the time of the adoption or amendment of this chapter may be continued
although its size or location does not conform to the lot width, lot
area, yard, height, parking and loading, and access provisions of
this chapter; however, it shall not be extended, enlarged, reconstructed,
moved, or structurally altered except when required to do so by law
or order or so as to comply with the provisions of this chapter.
Once a nonconforming use or structure has been
changed to conform, it shall not revert back to a nonconforming use
or structure. Once the Plan Commission has permitted the substitution
of a more restrictive nonconforming use for an existing nonconforming
use, the substituted use shall lose its status as a legal nonconforming
use and become subject to all the conditions required by the Plan
Commission.