§ 11-36-2 — DEFINITIONS

11-36-2: - DEFINITIONS

A. Legal Nonconforming Use. A land use that prior to the effective date of the Zoning Ordinance, subsequent amendment to the Zoning Ordinance, or annexation, was lawfully established—meaning it complied with all applicable requirements of the Zoning Ordinance, or requirements of the county or municipality in which it was located, in effect at the time it was approved—but does not comply with all current applicable Zoning Ordinance requirements. Legal Nonconforming Use does include Legal Procedurally Conforming Use. B. Legal Procedurally Conforming Use. A land use that meets one of the following criteria: 1. A building permit was issued for the land use prior to the issuance of a written interpretation by the Zoning Administrator in which the land use was determined to not be within any classification or use in the Zoning Ordinance and therefore prohibited in every zoning district, or 2. An ordinance was adopted that amends the Zoning Ordinance regulations applicable to a certain land use and contains a section titled "Legal Procedurally Conforming Use" that specifically provides how that certain land use will be, or will remain, a legal procedurally conforming use. C. Legal Nonconforming Lot or Parcel. A lot or parcel recorded prior to the effective date of the Zoning Ordinance, subsequent amendment to the Zoning Ordinance, or annexation, that was lawfully established—meaning it complied with all applicable dimensional standards in the Zoning Ordinance, or requirements of the county or municipality in which it was located, in effect at the time it was recorded—but does not comply with all current applicable dimensional standards in the Zoning Ordinance. D. Legal Nonconforming Structure. A structure that prior to the effective date of the Zoning Ordinance, subsequent amendment to the Zoning Ordinance, or annexation, was lawfully constructed—meaning it complied with all requirements of the Zoning Ordinance, or requirements of the county or municipality in which it was located, in effect at the time it was constructed—but does not comply with all current applicable development standards in the Zoning Ordinance. Legal Nonconforming Structure does not include Legal Procedurally Conforming Structure. E. Legal Procedurally Conforming Structure. A structure that meets one of the following criteria: 1. A building permit was issued for the structure prior to the issuance of a written interpretation by the Zoning Administrator in which the land use that the structure is occupied by or devoted to was determined to not be within any classification or use in the Zoning Ordinance and therefore prohibited in every zoning district, or 2. An ordinance was adopted that amends the Zoning Ordinance regulations applicable to a certain land use and contains a section titled "Legal Procedurally Conforming Structure" that specifically provides how a structure occupied by or devoted to that certain land use will be, or will remain, a legal procedurally conforming structure. F. Legal Nonconforming Site. A lot or parcel containing site improvements (such as but not limited to landscaping, parking, drive aisles, fencing, or screening) that prior to the effective date of the Zoning Ordinance, subsequent amendment to the Zoning Ordinance, or annexation, were lawfully constructed—meaning the site improvements complied with all requirements of the Zoning Ordinance, or requirements of the county or municipality in which the lot or parcel was located, in effect at the time the site improvements on the lot or parcel were constructed—but the site improvements do not comply with all current applicable development standards in the Zoning Ordinance.

(Ord. No. 5963, § 1, 10-6-25)