(A) Nonconformities will be classified as “legal” or “illegal” based on the following guidelines.
(B) Regulation of nonconformities will vary based on their legality.
(1) ILLEGAL NONCONFORMITIES are those that have been developed in conflict with zoning regulations. The buildings or structures that extend into a public right-of-way, or over a neighboring property line are illegal nonconformities.
(2) LEGAL NONCONFORMITIES are those that meet each applicable criterion listed below. Note that temporary signs are not considered legal nonconforming structures.
(a) The nonconformity existed legally before the effective date of this chapter.
(b) The nonconformity complied with the district regulations of the previous zoning ordinance, or existed legally through a special use permit or variance.
(c) Nonconforming setback or lot size only: the nonconformity resulted from land acquisition by a government agency, such as for a road right-of-way.
(d) For otherwise legal nonconforming buildings or structures only: the building or structure may not extend into a public right-of-way, or over a neighboring property line.
(Ord. passed 11-2-2005)