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Legal Non-Conforming & As-Built Plan of Development
Legal Non-Conforming Use
First, nonconforming means that the subject does not conform to current regulations; and therefore, is in violation of those regulations. In order to qualify as legal and still be nonconforming, the situation which does not meet current regulation must have lawfully existed before those regulations were effective. Once qualified, a legal nonconforming (grandfathered) situation exists.
The zoning district in which the property is located determines what uses are allowed on the parcel. A situation where the current use of that property or building(s) does not conform with the zoning, but has been an ongoing use (without an interruption of 12 months or more) since before the zoning regulations took effect on May 29, 1969, may qualify as a legal nonconforming use.
The substandard Lot Area and Width of a parcel may be considered legal non-conforming if the lot in question was created prior to May 29, 1969, and has not been subsequently split or re-delineated.
Structures and buildings that have existed on a single parcel since prior to January 1, 2000, may be considered legal non-conforming with regard to setbacks, lot coverage and other zoning district standards if the dimensions of the parcel have not changed since January 1, 2000.
As-Built Plan of Development
An As-built Plan of Development (POD) is a site plan which describes how a parcel of land has been developed. It includes outlines of all structures and site improvements, including but not limited to:
- Property lines
- Setbacks
- Driveways
- Landscaping
- Existing structures
- Utility connections
An As-Built POD is allowed for commercial or residential development existing prior to September 22, 2008, and for industrial developments existing prior to October 15, 1984.