Definitions

Lawfully established. A building, structure, sign, or parcel of land, or use thereof, was lawfully established if it was in existence prior to January 15, 1951, or was established in conformance with the zoning ordinance in effect at the time the use was first established. For the purposes of this ordinance, the placement or use of a sign, with or without any other structure or use, is considered a use of land. (See subsection C. below.) A lot was lawfully established if it was shown on a deed or recorded plat prior to January 16, 1951, or is shown on a legally recorded plat or deed that conformed to requirements in effect at the time of the recording. Any building, structure, sign, or parcel of land, or use thereof, that was not lawfully established at the time of the adoption or amendment of this zoning ordinance, is not protected by this article.

Nonconformance. A nonconformance is a building, structure, sign, or parcel of land, or use thereof, which was lawfully established at the time of the adoption or amendment of this zoning ordinance, and not in conformity with the provisions of such ordinance or amendment.

Nonconforming by dimension. A building, structure, or parcel of land not in compliance with the dimensional regulations of this ordinance shall be nonconforming by dimension. Dimensional regulations include all regulations of this ordinance, other than those pertaining to the permitted uses. A building or structure containing a permitted number of dwelling units by the use regulations of this ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension. Specific entities nonconforming by dimension include, but are not limited to:

• • A. Nonconforming structure. Any structure which was lawfully in existence at the time of the adoption of this ordinance or any amendments thereto, but which does not comply with the dimensional regulations or the supplementary regulations or any other regulations concerning structures set forth in this ordinance or any amendment thereto for the zoning district in which such structure is located.

  • B. Nonconforming lot of record. A lot of record which, when recorded, was in full compliance with the zoning ordinance in effect at the time of recording or which was legally recorded prior to January 15, 1951, and which cannot conform to the area and dimensional regulations of this ordinance.

Nonconforming by use. Any use of land or of a structure which was lawfully in existence at the time of the adoption of this ordinance or any amendments thereto shall be nonconforming by use, notwithstanding that such a use is not permitted by the district regulations of this ordinance, or any amendments thereto, for the zoning district in which such use is located. A lawfully existing use which is permitted by special use permit, but which has never received such special use permit shall also be nonconforming by use. A building or structure containing more dwelling units than are permitted by the use regulations of this ordinance shall be nonconforming by use. An extractive industry use shall be nonconforming by use only to the extent of its horizontal (parallel to the ground) excavated limits and the precise nature of the operation, as they existed upon the enactment of this ordinance. The nature of the operation includes, but is not limited to, the use of specific extractive techniques, such as blasting, and specific accessory uses, such as the washing, treating or storing of the extracted material.

Use by variance, special exception or special use permit. A nonconforming building, structure, sign, or parcel of land or the use thereof, which exists by virtue of having received a variance or a special use permit (or a special exception) granted by the zoning board, shall not be considered a nonconformance for the purposes of this article, and shall not acquire any rights under this article. 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. Any moving, relocation, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof, to any use other than a use by variance or special use permit or which is in complete conformance with this ordinance, shall require a further variance or special use permit from the zoning board.