[R.O. 2011 §34-150; Ord. No. 6139 §1(Exh. A (part)), 1997]
A. 
The provisions of this Article shall apply to all non-conforming situations as defined herein. Establishment of any use or development of land after the effective date of this Chapter or amendment thereto, which does not comply with the regulations contained in this Chapter or amendment thereto, shall be considered a violation of this Chapter and not a non-conforming situation.
B. 
A non-conforming situation shall not be deemed to have existed on the effective date of this Chapter or amendment thereto, unless:
1. 
At the time of its creation it was valid;
2. 
It was in existence on a continuous basis and to its fullest extent on such date; and
3. 
If such non-conforming situation is a use, such use had not been discontinued, as herein defined, on such date.
[R.O. 2011 §34-151; Ord. No. 6139 §1(Exh. A (part)), 1997]
As used in this Article, the following terms shall have these prescribed meanings:
DISCONTINUANCE
The non-use of the non-conforming use for twelve (12) consecutive months.
NON-CONFORMING SITUATION
One which lawfully existed prior to the effective date of this Chapter or any amendment thereto, and which fails to conform to one (1) or more of the applicable regulations of this Chapter or such amendment thereto. For purposes of this Article, non-conforming situations are divided into the following categories:
1. 
"Non-conforming use" means a non-conforming situation that occurs when property is used for a purpose made unlawful by the regulations of this Chapter which govern the use of property, including uses that do not comply with the performance standards established in Article V, Division 12.
2. 
"Dimensional non-conformity" means a non-conforming situation that involves any of the following:
a. 
The height of a structure, or the relationship between an existing building or buildings and other buildings or lot lines, which does not conform to the applicable dimensional regulations (e.g., setbacks) contained in this Chapter;
b. 
A lot of record that does not meet the minimum area or dimensional requirements of the district in which the lot is located;
c. 
Development of property, including buildings and other improvements thereon, which do not comply with regulations governing intensity of use, such as density (e.g., dwelling units per acre), maximum site coverage, and floor area ratio;
d. 
Situations where the minimum required open space is not provided within a development site;
e. 
Provision of off-street parking or loading spaces which does not meet the minimum requirements, or exceptions thereto, as specified in Article VII of this Chapter; or
f. 
Any other situation where improvements to land do not comply with any quantitative or dimensional standard applicable to such improvement.
Where such a dimensional non-conformity relates to a building or structure, the term "non-conforming structure" shall be considered synonymous with the term dimensional non-conformity.