§ 131. Definitions.

Nonconforming building or structure: A building or structure (excluding signs) that does not meet one or more setbacks for the zoning district or overlay district if applicable in which said building or structure is located, or a building or structure (excluding signs) that exceeds the maximum building coverage for the zoning district or overlay district if applicable in which said building or structure is located, or a principal building or accessory structure that otherwise does not comply with dimensional requirements established by this UDC for the particular principal building or accessory structure or for the zoning district or overlay district in which the nonconforming building or structure is located.

Nonconforming lot: A lot which does not conform to the lot requirements of the zoning district or if applicable overlay district in which the lot is located as established by this UDC but which was a lot of record prior to the effective date of this UDC or its amendment. A lot created pursuant to an act of subdivision of land which was unlawful shall not be considered a nonconforming lot.

Nonconforming situation: Any development, land improvement, or activity, not otherwise included within the definition of nonconforming lot, nonconforming building or structure, or nonconforming use, which does not meet the provisions of this UDC at the time of its adoption or amendment. Examples of nonconforming situations include but are not limited to, noncompliance with off-street parking regulations, access requirements, failure to adhere to landscape strip or tree protection requirements, and signs not meeting height or area restrictions.

Nonconforming use: Any building or use of land or building which lawfully existed on or before the effective date of this UDC or on or before subsequent amendments to this UDC, which does not conform to the use provisions of the zoning district or overlay district if applicable in which it is located. In addition, any building or use of land or building which lawfully existed on or before the effective date of this UDC or on or before subsequent amendments to this UDC, which does not conform to the specific use provisions of article 4 if applicable shall be considered a nonconforming use.

(Ord. No. 17-003 , § 1, 10-2-2017)