(a) A nonconformity is any characteristic of a building, structure or lot or parcel of land, or of the use thereof, which was lawful prior to the date of enactment of this Zoning Code or any amendment thereto but that does not currently conform to the requirements thereof.
(b) The lawful issuance of a building permit prior to the dates specified above shall be considered to establish the lawfulness of any building or structure.
(c) There are three categories of nonconformities:
(1) Activity nonconformities. A property with an activity nonconformity is being used for a purpose not allowed in its zoning district.
Activity nonconformities are any activities or functions carried on at a premises (as either a principal or accessory use) that are not allowed by the permitted and conditional uses of the zoning district in which the premises is situated, irrespective of the use for which the premises was designed.
The use of a dwelling now located in a Residential District as the site of a previously legal business is an example of an activity nonconformity. The design of such a structure is conforming, but its use is not.
The provisions herein recognize that activity nonconformities can generally be eliminated more easily and at less cost than other kinds of nonconformities.
(2) Design nonconformities. A property with a design nonconformity was designed for a purpose not allowed in its zoning district. Its present use may or may not be for a purpose allowed in that district.
A design nonconformity is the design or intended use of all or substantially all of a premises for any principal or accessory use not allowed by the permitted and conditional uses of the zoning district in which it is located, irrespective of the nature of the activities currently carried on at that premises.
A previously legal premises now located in a Residential District that was designed and intended as an automobile service station or an open sales lot, would be an example of a design nonconformity, even if no service station or sales business were currently operated on the premises. A store building in a Residential District presently used as an elementary school would be another example. In both cases the use or activity on the premises is conforming but the design or appearance of the premises is not.
The provisions herein recognize that design nonconformities are more difficult and more costly to eliminate than activity nonconformities.
(3) Standards nonconformities. Standards nonconformities are all other nonconformities with the requirements of this Code, including nonconformities involving:
A. Yards;
B. Building height;
C. Lot area or lot area per dwelling unit;
D. Lot width;
E. Floor area ratio;
F. Off-street parking and loading;
G. Dimensions of signs;
H. Landscaping and screening; and
I. Fences.
An undeveloped lot not meeting the minimum width required by its zoning district, or an otherwise conforming business with a sign that does not meet a requirement of the sign regulations, would be examples of standards nonconformities.
The provisions herein recognize that certain types of standards nonconformities are difficult and costly to eliminate while other types can be eliminated more easily and at relatively modest expense.
(Ord. 87-94. Passed 7-27-87.)