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Appendix A <br />Gateway Ordinance 107E <br />Effective 10/21/20.14 <br />Non -conforming Use <br />I. Purpose, <br />It is the purpose of this section to accomplish. the following: <br />a) recognize the existence of uses which were.lawful When established but which <br />no longer ineet all ordinance requirements; <br />b) discourage the enlargement, expansion,. intensification or extension of any <br />non- conforming use or any increase in the impact. of a non-conf'armirig use. on <br />adjacent properties; <br />c) regulate the repair, replacement, restoration, and improvement of non -conforming <br />uses to .prevent and abate nuisances and to protect the public health, safety, or <br />welfare; and <br />d) encourage the elimination of non -conforming uses or reduce their impact. on. <br />adjacent properties. <br />2. Definitions, <br />For the purposes of this. section; the following terms and phrases have the meanings <br />given to them. <br />a) "Non -conformity" or "non -conforming use" means any land use, structure, physical <br />form of land development,. lot of record or sign that is not,in.full compliance with the <br />regulations of this ordinance and either (1). was legally established before the effective <br />date of the ordinance. provision with which it does not comply, or (2) became non - <br />:conforming Because of other governmental action, such as a court order or a taking by a <br />governmental' body under eminent. domain or negotiated sale. A non -conformity or non- <br />conforming use does not include a land use, structure, physical form of land <br />development, lot of record, or sign that was allowed. to deviate from this ordinance by <br />an approved variance. A non -conformity or non -conforming use is one of two types of <br />physical land development: a non -conforming land use or a non -conforming` <br />development.. <br />b) "Non -conforming land use" means an activity using land, buildings, structures, or <br />any combination of these, for a purpose that is not currently allowed as. a use in the <br />zoning..districtin which it. is located. <br />c) "Non -conforming development" means a non-conformRy other than a lion - <br />conforming land use that does not currently conform to an ordinance standard such <br />as height, setback, or size. <br />