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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EFFECTIVE DATE OF THIS CHAPTER. For purposes of determining the existence of non-conformity, the effective date of this chapter shall be the effective date of this chapter or amendment creating the non- conformity.
NON-CONFORMING LOT. A lot lawfully existing on the effective date of this chapter (and not created for purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the zoning district in which the lot is located.
NON-CONFORMING PROJECT. Any lawful structure, development or undertaking that is incomplete on the effective date of this chapter and would be inconsistent with one or more of the regulations applicable to the zoning district in which it is located if completed as proposed or planned.
NON-CONFORMING SIGN. A sign lawfully existing on the effective date of this chapter that does not conform to one or more of the regulations set forth in this subchapter.
NON-CONFORMING SITE IMPROVEMENT. An improvement required on a property by this chapter and which, on the effective date of this chapter, lawfully is absent on the property or lawfully does not fully comply with this chapter, including, but not limited to, parking areas, storm drainage facilities, sidewalks and landscaping.
NON-CONFORMING USE. A primary use of or structure on a property lawfully existing on the effective date of this chapter which is in any manner made unlawful by the regulations in this subchapter or any development, design or performance standards applicable to the zoning district in which the property is located. NON-CONFORMING USES shall not include ancillary uses that are not the primary use of the property or structure.
NON-CONFORMITY. A non-conforming lot, project, sign, site improvement or use as defined in this subchapter, or other condition lawfully existing on a property on the effective date of this chapter that does not fully comply with the requirements of this chapter.
(Ord. 3399, passed 12-5-2005)