Nonconforming Use, Lot, Structure or Signs

 

To apply for verification of the lawful status of a nonconforming uses, lots or structures submit the following to the Zoning Administration Division of the Planning Office:

 

 
Note: After verification of the lawful status of a nonconforming use, lot or structure, the owner/operator shall file a report with the Zoning Administrator on the Non-conforming Use Verification Application form, showing that the nonconforming use, lot or structure has not ceased for two (2) year period, or been abandoned, and that the use is being operated in accordance with the decision rendered as part of the nonconforming use verification. To apply for recertification of the nonconforming use, submit a completed Non-Conforming Use Re-verification Application and supporting documentation as noted on the document submission check list. 
 
Zoning Ordinance, Part 601, Nonconforming Uses, Lots and Structures:
 32-601.01. Purpose
The purpose of this section is to regulate nonconforming uses, lots and structures in a manner consistent with sound planning and zoning principles. The general intent is that over time nonconforming uses, lots and structures will be discontinued in favor of uses, lots and structures conforming to this chapter and the zoning map. However, it is also recognized that nonconforming uses, lots, and structures need not be entirely static, and that under certain circumstances, nonconforming uses, lots and structures may change, according to law and the provisions of this chapter.
 
32-601.10. "Nonconforming Use," "Lot" and "Structure" Defined
 
(1) Nonconforming Use: Any use that was lawful on the date of enactment of this chapter, or amendment thereto, which has been continued although otherwise rendered unlawful by such enactment or amendment. Any use that was unlawful on the date of enactment of this chapter, or amendment thereto shall remain unlawful and shall not be a "nonconforming use."
 
(2) Nonconforming Lot: Any lot that was lawful on the date of enactment of this chapter, or amendment thereto, which has been continued in existence although otherwise rendered unlawful by such enactment or amendment thereto. Any lot that was unlawful on the date of enactment of this chapter, or amendment thereto shall remain unlawful and shall not be a "nonconforming lot." A lot is nonconforming if one or more of the following standards are not met as a result of enactment or amendment of this chapter: lot area and lot width/frontage
 
(3) Nonconforming Structure: Any structure, except signs, that was lawful on the date of enactment of this chapter, or amendment thereto, which has continued in existence although otherwise rendered unlawful by such enactment or amendment thereto. Any structure that was unlawful on the date of enactment of this chapter, or amendment thereto shall remain unlawful and shall not be a "nonconforming structure." A structure is nonconforming if one or more of the following standards are not met as a result of enactment or amendment of this chapter:
  • Setbacks, Yards, Buffers
  • Chesapeake Bay
  • Storm water management
  • Open space
  • Lot coverage
  • Tree canopy
  • Height
  • Floor Area Ratio
  • Provisional Use Permit (PUP)/Special Use Permit (SUP)
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