20.80.020 Distinction between conforming, illegal nonconforming, and legal nonconforming.
Each structure, use, and lot is either “conforming” or “nonconforming.” Conforming is used to describe a structure, use, or lot as being in full compliance with the current Unified Development Code. Nonconforming is used to describe a structure, use, or lot that is in violation of the current Unified Development Code. Nonconforming structures, uses, and lots are either “illegal nonconforming” or “legal nonconforming.” The following sections determine the nonconforming status of a structure, use, or lot:
A. Illegal Nonconforming.
1. Structure. A structure constructed in violation of the Zoning Ordinance that was in effect when the structure was constructed and which remains in violation of the current Unified Development Code is an illegal nonconforming structure.
2. Use. A use that was in violation of the Unified Development Code that was in effect when the use was initiated and which remains in violation of the current Unified Development Code is an illegal nonconforming use. In addition, a use that was legally established and is not permitted under the current Unified Development Code, but has been abandoned or discontinued for a period of at least one (1) year, is an illegal nonconforming use.
3. Lot. A lot established in violation of the zoning or subdivision control ordinance that was in effect at the time of establishment and which remains in violation of the current Unified Development Code is an illegal nonconforming lot.
B. Legal Nonconforming.
1. Structure. A structure that does not meet one (1) or more development standards of the Unified Development Code, but was legally established prior to the effective date of the Unified Development Code, shall be deemed a legal nonconforming structure. Generally, a structure is rendered legal nonconforming by an amendment to the zoning regulations or a zoning map change. However, a legal nonconformity may be a result of government use of eminent domain or right-of-way acquisition.
2. Use. The use of a structure or land (or a structure and land in combination) that was legally established and has since been continuously operated, that is no longer permitted by the Unified Development Code in the zoning district in which it is located, shall be deemed a legal nonconforming use. Generally, a use is rendered legal nonconforming by an amendment to the zoning regulations or a zoning map change.
3. Lot. A lot that does not meet one (1) or more lot standards of the Unified Development Code, but was legally established as a buildable lot prior to the effective date of the Unified Development Code, shall be deemed a legal nonconforming lot of record. Generally, a lot is rendered legal nonconforming by an amendment to the zoning regulations or a zoning map change. However, a legal nonconformity may be a result of government use of eminent domain or right-of-way acquisition.
C. Setback Exemption. Any primary structure or accessory structure that was established prior to the effective date of the Unified Development Code, and that has an established front setback, side setback, or rear setback less than the minimum required setback in this Unified Development Code, shall not be considered legal nonconforming. Said buildings shall be considered legal as they exist. Expansion of these primary structures or accessory structures shall be permitted as long as said expansion is either in compliance with the applicable setback (i.e., the current applicable setback) standards.
D. Sewer and Water Exemption. Any developed property that was established prior to the effective date of the Unified Development Code, and that does not meet the applicable sewer and water standards, shall not be considered legal nonconforming. Said developed properties shall be considered legal as they exist. [Ord. 12-27-11 § 8.02.]