In the provisions established by this Code, there exist uses of land, structures, lots of record, and other site features that were lawfully established before this Code was adopted or amended, that do not conform to its terms and requirements. It is the general policy of the city to allow such uses, structures, lots of record, and other site features to continue to exist. It also is the policy of the city to bring as many nonconformities into conformance with this Code as is reasonably practicable, subject to the requirements of this article. The purpose and intent of this article is to recognize the interests of the landowner in continuing to use the land, but to preclude the expansion of a nonconformity or reestablishment of a discontinued or substantially destroyed nonconformity unless allowing such expansion or reestablishment can serve as an incentive to achievement of even greater public benefit.
A. Definitions
1. Nonconforming use
Any use of land, building, sign, or other structure that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the use standards applied by this Code.
2. Nonconforming structure
Any building or other structure that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the standards applied by this Code, or the subsequent amendment, that govern its size, height, coverage, setbacks, and other locational aspects.
3. Nonconforming lot of record
Any lot of record that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the lot standards applied by this Code, or the subsequent amendment.
4. Nonconforming site feature
Any off-street parking, landscaping,
perimeter buffer
, or screening that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the off-street parking, landscaping,
perimeter buffer
, or screening standards applied by this Code, or the subsequent amendment.
(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)