For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISCONTINUANCE. The nonuse of the nonconforming use for 12 consecutive months.
NONCONFORMING SITUATION. A situation which lawfully existed prior to the effective date of this chapter or any amendment thereto, and which fails to conform to one or more of the applicable regulations of this chapter or such amendment thereto. For purposes of this subchapter, NONCONFORMING SITUATIONS are divided into the following categories.
(1) DIMENSIONAL NONCONFORMITY.
(a) A nonconforming situation that involves any of the following:
1. The height of a structure, or the relationship between an existing building or buildings and other buildings or lot lines, which does not conform to the applicable dimensional regulations (such as, setbacks) contained in this chapter;
2. A lot of record that does not meet the minimum area or dimensional requirements of the district in which the lot is located;
3. Development of property, including buildings and other improvements thereon, which do not comply with regulations governing intensity of use, such as density (such as, dwelling units per acre), and maximum building or site coverage;
5. Any other situation where improvements to land do not comply with any quantitative or dimensional standard applicable to such improvement.
(b) Where such a DIMENSIONAL NONCONFORMITY relates to a building or structure, the term NONCONFORMING STRUCTURE shall be considered synonymous with the term DIMENSIONAL NONCONFORMITY.
(2) NONCONFORMING USE. A nonconforming situation that occurs when property is used for a purpose made unlawful by the regulations of this chapter which govern the use of property, including uses that do not comply with the performance standards established in § 154.062.
(Ord. 834, passed 2-1-2001)