§ 118-198. Definitions.

The following words, terms, phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

Accessory structure. "Accessory structure" means any construction, or any production or piece of work artificially built up or composed of parts joined together in some definite manner, whether installed or constructed on, above, or below a parcel of land, which is used for the benefit of a principal or main building or is otherwise dependent on or pertains to a principal or main building. By way of example, not limitation, an accessory structure includes sheds, barns, accessory buildings, signs, fences, pools, pool cages, boat docks, carports, detached garages and parking facilities. Covered porches and attached garages of principal buildings are considered to be part of the principal building and not an accessory structure.

Building. "Building" when used without any modifiers shall include commercial, industrial, or multi-family buildings and single-family dwellings.

Commercial, industrial, or multi-family building. "Commercial, industrial, or multi-family building" means any building which is not used as a single-family dwelling. Said definition includes, but is not limited to, multi-family (e.g., duplexes, triplexes and apartments), retail, office, commercial and industrial buildings.

Lawful nonconforming building or accessory structure. A "lawful nonconforming building or accessory structure" or "legally nonconforming building or accessory structure" means a building or an accessory structure, the size, dimensions, physical characteristics, or location of which were, prior to the adoption, revision, or amendment of this chapter, legally established and in compliance (i.e., conformed) with the requirements of this chapter as it existed prior to such adoption, revision, or amendment and which, by virtue of such adoption, revision, or amendment thereafter fails to conform with this chapter after such adoption, revision, or amendment and which has lawfully operated as such continuously since said adoption, revision, or amendment. The size, dimensions, physical characteristics, or location of a particular building or accessory structure, for purposes of determining its conformity to the applicable zoning district requirements, may be established by reference to Orange County Property Appraiser records or tax maps, building permits, site permits or historical photographs.

Lawful nonconforming commercial, industrial, or multi-family parcel. A "lawful nonconforming commercial, industrial, or multi-family parcel" or "legally nonconforming commercial, industrial, or multi-family parcel" means a commercially, industrially, or multi-family zoned parcel or lot, the area or dimensions of which were, prior to the adoption, revision, or amendment of this chapter, legally established and in compliance (i.e., conformed) with the requirements of this chapter as it existed prior to such adoption, revision, or amendment and which, by virtue of such adoption, revision, or amendment thereafter fails to conform with this chapter after such adoption, revision, or amendment and which has lawfully operated as such continuously since said adoption, revision, or amendment. The area or dimensions of a particular parcel or lot, for purposes of determining its conformity to the applicable zoning district requirements, may be established by reference to Orange County Property Appraiser records or tax maps prior to the effective date of this article. Specifically excluded from this definition are parcels or lots zoned PUD, R-1, R-1B, R-2, and RNC when said parcels or lots are within said zoning classifications and are used for and which permit the development of a single-family residential dwelling.

Lawful nonconforming use. A "lawful nonconforming use" or "legally nonconforming use" means a use or activity which was, prior to the adoption, revision, or amendment of this chapter, legally established and in compliance (i.e., conformed) with the requirements of this chapter as it existed prior to such adoption, revision, or amendment and which, by virtue of such adoption, revision, or amendment thereafter fails to conform with this chapter after such adoption, revision, or amendment and which has lawfully operated as such continuously since said adoption, revision, or amendment. The date on which a lawful nonconforming use was commenced may be established by occupational licenses issued by the city.

Legally established. "Legally established" means a use, building, accessory structure or parcel which was lawfully and continuously conforming (i.e., in compliance) with the regulations and standards of this chapter in effect at the time said use, building, accessory structure or parcel was opened for business, constructed, erected, created or otherwise in operation. The date or dates a use, building, accessory structure or parcel was legally established may be established based on occupational licenses or building permits issued by the city, historical photographs, public records, or such other evidence as may be considered by the planning director or the planning and zoning board.

Not self-created. "Not self-created", by way of example, not limitation, includes circumstances which create a nonconformity resulting from eminent domain, condemnation, Act of God. Lack of maintenance, dry rot, or termite infestation do not constitute conditions which were not self-created.

Replacement cost. "Replacement cost" means a cost estimate to construct an equally desirable, substitute improvement, which may not necessarily be constructed with similar materials or to the same specifications. Evidence of replacement costs for buildings, accessory structures or improvements may be provided by a licensed contractor, licensed appraiser or by use of cost estimating services.

(Ord. No. 03-17, § 2, 7-10-03)