Cumberland
Town of Cumberland Zoning Ordinance
§ 16-2

Lawfully existing or established

[Ord. No. 08-31, 10-7-2009]

A building, structure or the use of land is lawfully established if it was in existence prior to May 22, 1952, or was established in conformance with the zoning ordinance in effect at the time the use was first established the effective date of the adoption or amendment of this appendix which rendered such building, structure or use of land nonconforming. A lot is lawfully established if it was of record or shown on a recorded plat prior to December 13, 1962, or the effective date of the adoption or amendment of this appendix which rendered such lot nonconforming, and was separately owned. All other lots that were not lawfully established are not protected by this section. For the purposes of this appendix, the creation and/or the use of a parcel of land for a particular use which was legal at the time the parcel of land was created and/or so used, shall not serve to create the lawful establishment or lawful existence of any use that was not legal at the time of creation and/or use of the land, regardless of subsequent changes in allowable legal uses.