General application and definitions

Nonconformance occurs when a building, structure, sign, lot, or use was legal when created or established but is not in conformance with the current zoning ordinance.

• • 1. Lawfully existing or established. A building, structure, sign or parcel of land, or use thereof, was lawfully existing or lawfully established if it was lawfully in existence prior to December 12, 1995 and was established in conformance with the zoning ordinance in effect at the time the use was first established. For the purpose of this ordinance, a lot was lawfully existing or lawfully established if it was of record or shown on a recorded plat prior to December 12, 1995, or was separately owned.

  • 2. Prior illegal establishment. Any use or structure illegally established prior to the effective date of this ordinance or any amendment thereto shall not be granted nonconformance status, nor shall it become legally established subsequent to the effective date of this ordinance or any amendment thereto. Proof of use or structure shall be the burden of the owner of such property.

  • 3. Nonconforming by use. A lawfully established use of land, building or structure which is not a permitted use in the zoning district in which it is located, as set forth in article II, is nonconforming by use.

  • 4. Nonconforming by dimension. A lawfully established building, structure or parcel of land not in compliance with the dimensional regulations of this ordinance is nonconforming by dimension. Dimensional regulations include all regulations of this ordinance, other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land or use thereof, not in compliance with the parking regulations of this ordinance, as set forth in article V (parking and loading), also nonconforming by dimension. A lawfully existing or lawfully established lot that is not in compliance with the dimensional regulations of the zoning ordinance including, but not limited to, those regulations for minimum lot size, lot width and lot frontage, (also known as a substandard lot of record) is also nonconforming by dimension.

  • 5. Nonconforming by dwelling unit. A building or structure containing more dwelling units than are permitted by the use regulations of this ordinance shall be nonconforming by use. A building or structure containing a permitted number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

  • 6. Most restrictive regulations to apply. A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this section. Where the regulations conflict, the most restrictive regulations shall apply.

  • 7. Existence by variance or special use permit. A nonconforming building, structure, sign or parcel of land, or the use thereof, which exists by virtue of a variance or a special use permit (or a special exception) granted by the board, shall not be considered a nonconformance for the purposes of this section, and shall not acquire the rights of this section. Rather, such building, structure, sign, parcel of land, or use thereof, shall be considered a use by variance or a use by special use permit and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a permitted use or other than in complete conformance with this ordinance, shall require a further variance or special use permit from the board.

(Amd. of 3-3-03, § 6; Ord. of 12-4-2023(1))