SECTION 6.0 CONTINUANCE OF NONCONFORMING STRUCTURES OR USES
A. Nonconforming Structures lawfully existing upon
the effective date of this
1. Maintenance Permitted
- a nonconforming structure may be maintained,
except as otherwise provided in this section.
2. Repairs and Alterations - May be made to a nonconforming structure,
provided that in a structure which is nonconforming as to use regulations, no
enlargement shall be made.
3. Additions, Enlargement or Moving -
a. A structure nonconforming as to regulations for use or lot area per
dwelling unit shall not be added to or enlarged in any manner unless
such building or structure, including such addition or enlargement, is
made to conform to the use and area per dwelling regulations of the
zone in which it is located.
b. A structure nonconforming as to height or yard regulations shall not
be added or enlarged in any manner unless such addition or
enlargement conforms to all the regulations of the zone in which it is
c. No nonconforming building or structure shall be moved in whole or part to
any other location on the lot unless every portion of such building or
structure is made to conform to all the regulations of the zone in which it
is located, except when otherwise authorized by the Board following a
B. Nonconforming Use of Structures
of Change of Use - Except as otherwise provided in this Section:
a. The nonconforming use of a structure, lawfully existing at the time
this Ordinance became effective, may be continued.
b. The nonconforming use of a structure may be changed only to a use of
the same or more restricted classification.
2. Expansion Prohibited - A
nonconforming use of a structure designed for a
conforming use shall not be expanded or extended into any other portion of such
conforming structure or changed except to a conforming use.
AMORTIZATION OF NONCONFORMING
USES OR BUILDINGS
A. Any nonconforming open use of land or any nonconforming
advertising structure not attached to a building, but which lawfully existed at
the time that this Ordinance became effective, shall be discontinued within five
(5) years from the date of its passage.
B. Whenever a nonconforming use has been discontinued
for a period of twelve (12)
months, such use shall not thereafter be established and any future use shall be in
conformity with the provisions of this Ordinance.
C. No structure damaged by fire or other causes
to the extent of more than triple its
assessed value shall be repaired or rebuilt except in conformity with the
provisions of this Ordinance, provided, however, that this requirement shall not
apply with respect to any structure used exclusively for residential purposes.
SECTION 6.2 NONCONFORMANCE DUE TO RECLASSIFICATION
The provision of the two (2) immediately preceding
Sections shall also apply to buildings, structures, land or uses which
hereafter become nonconforming due to any reclassification of zones under
this Ordinance or any subsequent change in the
regulations of this Ordinance, and any time periods specified for discontinuance of
nonconforming uses shall be measured from the date of such reclassification or change.
For questions or comments concerning these zoning ordinances please
Howard County Planning Commission
120 E. Mulberry St. Room 114
Kokomo, Indiana 46901