non-conforming, or non-conformity

General Definition A "non-conforming" use is any lawful use, whether of a building or other structure or of a zoning lot, which does not conform to any one or more of the applicable use regulations of the district in which it is located, either on December 15, 1961, or as a result of any subsequent amendment thereto. A non-conforming use shall result from failure to conform to the applicable district regulations on either permitted Use Groups or performance standards. A non-conformity is a failure by a non-conforming use to conform to any one of such applicable use regulations. However, no existing use shall be deemed non-conforming, nor shall a non-conformity be deemed to exist, solely because of any of the following: (a) the existence of less than the required accessory off-street parking spaces or loading berths; (b) the existence of non-conforming accessory signs; or (c) the existence of conditions in violation of the provisions of either Sections 32-41 and 32-42, relating to Supplementary Use Regulations, or Sections 32-43 and 32-433 relating to Special Provisions Applying along District Boundaries, or Sections 42-51, 42-52, 42-53 and 42-432, relating to Supplementary Use Regulations and Special Provisions Applying along District Boundaries.