For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIMENSIONAL NONCONFORMITY. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.
EFFECTIVE DATE OF THIS CHAPTER. Whenever this subchapter refers to the effective date of this chapter, the reference shall be deemed to include the effective date of any amendments to this chapter if the amendment, rather than this chapter as originally adopted, creates a nonconforming situation.
EXPENDITURE. A sum of money paid out in return for a benefit or to fulfill an obligation. The term also includes binding contractual commitments to make future expenditures, as well as for any other substantial change in position.
NONCONFORMING LOT. A lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located.
NONCONFORMING PROJECT. Any structure, development, or undertaking that, on the effective date of this chapter, is incomplete, and, if complete, would be inconsistent with any regulation applicable to the district in which it said structure, development, or undertaking is located, proposed, or planned.
NONCONFORMING SIGN. A sign (see § 152.430 for definition) that, on the effective date of this chapter, does not conform to one or more of the regulations set forth in this chapter, and particularly the regulations in §§ 152.430 through 152.446. NONCONFORMING SIGNS shall not be regarded as nonconforming situations for purposes of this subchapter, but rather, shall be governed by the provisions of §§ 152.445 and 152.446.
NONCONFORMING SITUATION. A situation that occurs when, on the effective date of this chapter, an existing lot or structure, or use of an existing lot or structure, does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because:
(1) A lot does not meet minimum acreage requirements;
(2) A structure exceeds maximum height limitations;
(3) The relationship between an existing building and the land (in such matters as density and setback requirements) is not in conformity with this chapter; or
(4) A building or parcel of land is used for a purpose(s) made unlawful by this chapter.
NONCONFORMING USE. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. For example, a commercial office building in a residential district may be a NONCONFORMING USE. The term NONCONFORMING USE also refers to the activity that constitutes the use made of the property. For example, all the activity associated with running a bakery in a residentially zoned area is a NONCONFORMING USE.
(Ord. passed 12-20-2001)