Indiana Code Title 36. Local Government § 36-7-4-1019

Sec. 1019. (a) The definitions in IC 16-41-27 apply throughout this section.

(b) For purposes of this section:

(c) 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.

(d) Except as provided in subsection (e) and subject to subsection (f), whenever a legal, nonconforming structure on a parcel of real property used for residential purposes within a mobile home community or on other private property is damaged, destroyed, or removed, the owner of the parcel shall be permitted to reconstruct, repair, renovate, or replace the structure without losing the status of the structure or parcel, or any part of the parcel, as a legal, nonconforming structure or use if the reconstruction, repair, renovation, or replacement meets the following requirements:

(e) The provisions of subsection (d) concerning the reconstruction, repair, renovation, or replacement of a damaged, destroyed, or removed nonconforming structure do not authorize the reconstruction, repair, or renovation of a damaged or destroyed nonconforming structure that is:

(f) The provisions of subsection (d) concerning the continuing status of a structure or parcel, or any part of the parcel, as a legal, nonconforming structure or use apply regardless of whether:

before, on, or after March 15, 2022.