General application

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

401.1. Lawfully existing or established. A building, structure, sign, or parcel of land, or development thereof, was lawfully existing or lawfully established if it was in existence prior to March 22, 1957, 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. A lot was lawfully existing or lawfully established if it was of record or shown on a recorded plat prior to March 27, 1957 and was separately owned.

401.2. 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.

401.3. 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 section 300, is nonconforming by use.

401.4. 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 section 700, is 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.

401.5. Nonconforming by dwelling units. 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 this zoning ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

401.6. 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.

401.7. 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.

(Ord. No. O-23-24, § I, 12-20-23)