§ A. PURPOSE OF ARTICLE AND DEFINITIONS.

6.a.1.

Purpose: The use of or improvements to real property may become nonconforming when standards established by this ordinance change. Specifically, legal nonconforming zoning uses and legal nonconforming sites (structures and lots) were initially lawful and existed prior to the adoption of this ordinance or prior to an amendment hereto but, due to the enactment of this ordinance or such amendment, no longer conform to the requirements herein. To the extent that such nonconforming uses and nonconforming sites have been in continual use, they have been allowed to remain in use despite the noncompliance with this ordinance.

The purpose of this article six is to allow the continued use and operation of these nonconforming uses and nonconforming sites pursuant to the requirements of this article six. The goal is not to encourage the persistence of nonconformities, but to ease the burden on property owners and eventually to ensure that all zoning uses, structures, and lots comply with the requirements of this ordinance.

6.a.2.

Definitions:

a.

Development standards: At any given time, the then-current development standards applicable to a property or structure pursuant to this ordinance.

b.

Discontinuance: With respect to:

(1)

Nonconforming uses, the discontinuance or cessation of operations or business activity at a structure for a continuous period of not less than six months;

(2)

Nonconforming sites, the discontinuance or cessation of operations or business activity at a structure for a continuous period of not less than 36 months

c.

Nonconforming use: Any use of property that is not a permitted use pursuant to the current zoning classification or otherwise is not in compliance with this ordinance.

d.

Nonconforming site: Any structure, building, house, shed, accessory dwelling, or improvement on real property, or any parcel, lot, or unimproved real property, that does not comply with development standards.

e.

Project: Any improvement, upfit, renovation, rehabilitation, restoration, removal, or addition to a structure or lot that occurs after a discontinuance and within 12 months following the resumption of operations or business activity at such structure or lot.

(Ord. No. 10-721, § III, 11-9-2010)