Each structure, use and lot is either “conforming” or “non-conforming”. Conforming is used to describe a structure, use or lot as being in full compliance with the current unified development ordinance as codified in this Chapter 165. Non- conforming is used to describe a structure, use or lot that is in violation of one or more standards in the current unified development ordinance. Non- conforming structures, uses or lots are either “illegal non-conforming” or “legal non-conforming”. The following sections (§§ 165.437 through 165.440) are used to determine the non-conforming status of a structure, use or lot.
(A) Illegal non-conforming.
(1) Structure. A structure constructed in violation of the zoning ordinance that was in effect when the structure was constructed and which remains in violation of the current unified development ordinance is an illegal non-conforming structure.
(2) Use. A use that was in violation of the zoning ordinance that was in effect when the use was initiated and which remains in violation of the current unified development ordinance is an illegal non- conforming use. In addition, a use that was legally established and is not permitted under the current unified development ordinance, but has been abandoned or discontinued for a period of at least one year, is an illegal non-conforming use.
(3) Lot. A lot established in violation of the zoning or subdivision control ordinance that was in effect at the time of establishment and which remains in violation of the current unified development ordinance is an illegal non-conforming lot.
(B) Legal non-conforming.
(1) Structure. A structure that does not meet one or more development standards of the unified development ordinance, but was legally established prior to the effective date of the unified development ordinance shall be deemed a legal non- conforming structure. Generally, a structure is rendered legal non-conforming by an amendment to the zoning regulations or a zoning map change. However, a legal non-conformity may be a result of government use of eminent domain or right-of-way acquisition.
(2) Use. The use of a structure or land (or a structure and land in combination) that was legally established and has since been continuously operated, that is no longer permitted by this chapter in the zoning district in which it is located, shall be deemed a legal non-conforming use. Generally, a use is rendered legal non-conforming by an amendment to the zoning regulations or a zoning map change.
(3) Lot. A lot that does not meet one or more lot standards of this chapter, but was legally established and recorded prior to the effective date of this chapter shall be deemed a legal non-conforming lot of record. Generally, a lot is rendered legal non- conforming by an amendment to the zoning regulations or a zoning map change. However, a legal non-conformity may be a result of government use of eminent domain or right-of-way acquisition.
(Ord. 10-2010, passed - -2010, § 8.02)