Sec. 1019. (a) In an enforcement action brought under this chapter, the party alleging the existence of a legal, nonconforming use or variance granted by a board of zoning appeals has the burden of proof on that issue. The nonexistence of a nonconforming use or variance need not be proved.
(b) Except as provided in subsection (c), this subsection applies whenever a legal, nonconforming structure on a parcel of real property used for residential purposes is damaged or destroyed. The owner of the parcel shall be permitted to reconstruct, repair, or renovate the nonconforming structure if the reconstruction, repair, or renovation meets the following requirements:
(1) The structure will continue to be used for residential purposes.
(2) The new foundation of the reconstructed, repaired, or renovated structure may not exceed the square footage of the foundation of the damaged or destroyed structure.
(c) The provisions of subsection (b) concerning the reconstruction, repair, or renovation of a damaged or destroyed nonconforming structure do not authorize the reconstruction, repair, or renovation of a damaged or destroyed nonconforming structure that is:
(1) subject to the jurisdiction of a preservation commission organized under:
(A) IC 36-7-11;
(B) IC 36-7-11.1;
(C) IC 36-7-11.2; or
(D) IC 36-7-11.3; or
(2) located within a flood plain (as defined in IC 14-8-2-99).
[Pre-Local Government Recodification Citation: 18-7-2-85 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.60; P.L.134-2020, SEC.1.