Planning and Zoning

CHAPTER 65 - NONCONFORMITIES

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65.110 DEFINITIONS:

For the purposes of this chapter, the different types of nonconformities are defined as follows:   

Nonconforming Appearance:  Any nonconforming use.  Any conforming use located on a lot which:  (1) is zoned nonresidential; (2) abuts a lot in a residential district; (3) in existence at the time this ordinance was adopted; and (4) that does not meet the appearance control standards of this ordinance. 

Nonconforming Lot of Record:  Any validly recorded lot existing at the time this ordinance was adopted which does not comply with the minimum lot area or frontage requirements of the district in which it is located.  

Nonconforming Parking:  Any development which does not provide the number of off street parking spaces that would be required by this Code for a new development of the same type.  The existence of parking spaces located outside of an approved driveway in the front or side street side yard on a property in a residential district that were not approved through a lot and site development approval procedure do not constitute legal, nonconforming parking.  

Nonconforming Sign:  Any sign established prior to the effective date of this ordinance or subsequent amendment to it which is not in full compliance with the regulations herein.  

Nonconforming Structure:  A structure which does not comply with the height, setback, density or floor area ratio requirements of the district in which it is located. Included in this definition are structures that do no comply with the flood proofing and elevation regulations of the flood plain overlay districts.

Nonconforming Use:  An activity using land or structures which would not be permitted to be established as a new use in the zone in which it is located by the regulations of this ordinance


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