[Amended 3-8-2005; 8-14-2012]
A. A legal nonconforming use means a use of land, a dwelling, or a building that existed lawfully before this chapter on zoning was enacted or amended, but that does not conform with the use restrictions contained in this Chapter
225. Legal nonconforming uses may be continued as provided for in this Article
X.
B. Only that use in actual existence at the time of the adoption or
amendment of this chapter may be so continued as a legal nonconforming
use, and said use may not in any way be extended, enlarged, substituted,
moved, added to or changed, except as otherwise expressly provided
for herein.
C. No structure on lands containing a legal nonconforming use, may be
extended, enlarged, totally rebuilt, substituted, moved, remodeled,
modified or added to except as otherwise provided for herein or until
the legal nonconforming use has been made to conform to this chapter.
D. No lot, on lands containing a legal nonconforming use, may be reduced
in size, modified, increased in size or changed in any manner except
as otherwise provided for herein or until the legal nonconforming
use has been made to conform to this chapter.
E. If a legal nonconforming use is discontinued or terminated for a
period of 12 months, any future use of the structure, land or water
shall conform to the provisions of this chapter.
F. The total structural repairs or alternations in such a nonconforming
building, premises, structure or fixture shall not during its life
exceed 50% of the assessed value of the building, premises, structure,
a fixture unless permanently changed to a conforming use.
The property owner has the burden of showing
that a use, structure or lot is legal nonconforming. The determination
shall be made by the Plan Commission after a majority of the Plan
Commission has been satisfied by proof presented by the property owner
that the use, structure and/or lot is in fact legal nonconforming.
Once a legal nonconforming use, legal nonconforming
structure, or legal nonconforming lot has been changed to conform,
it shall not revert back to legal nonconforming status. If the Board
of Appeals permits the substitution of a more restrictive nonconforming
use for an existing legal nonconforming use, the substituted use shall
lose its status as a legal nonconforming use and become subject to
all conditions required by the Board of Appeals.