A. A "nonconformity" is any characteristic of a building, structure, or lot or parcel of land, or of the use thereof, which was lawful prior to the effective date hereof or any amendment hereto and that does not conform to the requirements applicable to the zoning district in which it is located. The lawful issuance of a building permit prior to the dates specified above shall be considered to establish the lawfulness of any building or structure.
B. There are two (2) categories of nonconformities:
1. Use Nonconformities: A use nonconformity may apply to either a principal use or an accessory use. There are two (2) categories of use nonconformities:
a. Activities Nonconformities:
(1) Any activities or functions carried on at a premises that are not allowed by the permitted and conditional uses of the zoning district in which the premises is situated, irrespective of the use for which the premises was designed.
(2) The use of a dwelling now located in a residence district as the site of a previously legal business is an example of an activity nonconformity.
b. Design Nonconformities:
(1) The design or intended use of all or substantially all of a premises for any use not allowed by the permitted and conditional uses of the zoning district in which it is located, irrespective of the nature of the activities currently carried on at that premises.
(2) A previously legal premises now located in a residence district that was designed and intended as an automobile service station or an open sales lot would be an example of a design nonconformity, even if no service station or sales business was currently operated on the premises.
2. Standards Nonconformities:
a. All other nonconformities with the requirements of this title, including nonconformities involving:
(1) Yards.
(2) Building height.
(3) Lot area or lot area per dwelling unit.
(4) Lot width.
(5) Floor area ratio.
(6) Size of business.
(7) Off street parking and loading.
(8) Signs.
(9) Buffer planting strips.
(10) Screening.
b. An undeveloped lot not meeting the minimum width required by its zoning district, or an otherwise conforming business with a sign that does not meet a requirement of the sign regulations would be examples of standards nonconformities. (Ord. 99-02, 1-7-1999)