For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXPAND or EXPANSION. Any increase in a dimension, size, area, volume or height, any increase in the area of use, any placement of a structure or part thereof where none existed before; any addition to a site feature such as a deck, patio, fence, driveway, parking area or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; any increase in intensity of use based on a review of the original nature, function or purpose of the non-conforming use; increase in the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees or such other factors deemed relevant by the city.
IMPROVEMENT. Making the non-conforming use better, more efficient or aesthetically pleasing, including any change that does not replicate what pre-existed. A mere expansion, enlargement or intensification of a non-conforming use does not constitute an improvement for that reason alone.
NON-CONFORMING LAND USE. An activity using land, a building or structure, or a combination thereof, for a purpose that was lawful when established and which is not permitted by the provisions of existing land use regulations.
NON-CONFORMING STRUCTURE. A structure that was constructed in compliance with the land use regulations in effect at that time with respect to certain standards such as location, height, setback or size, but no longer complies in that regard with existing land use regulations.
NON-CONFORMING LOT. A lot that was lawfully established prior to adoption or applicable amendment of this chapter, which fails to conform to the present area or dimensional requirements of this chapter.
REPLACEMENT, RECONSTRUCTION or RESTORATION. The repair of a building or structure that duplicates the condition of the building prior that existed prior to the construction activity.
(Prior Code, § 305.08) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)