(4) NEW CONSTRUCTION . The term defining the erection of a building or structure, the disturbance of land by clearing or grading, or moving, adding or expanding an existing building or structure, whether with an approved application or permit, or not shall be considered new construction under the Land Development Ordinance. (5) NIGHT CLUB/DANCE CLUB. The term defining dance halls, discotheques, nightclubs, private clubs, and other similar evening-oriented entertainment activities, where 51% or greater of the net sales is from alcohol and not food sales. Food sales may be incidental to the establishment.
(6) NITROGEN, NUTRIENT (Stormwater Management). Means total nitrogen unless specified otherwise.
(7) NONCONFORMING ACTIVITY/USE. The term defining an activity that, under the zoning regulations, is not itself a permitted activity or use where it is located or does not conform to the off-street parking or loading requirements, regulations or other requirements applying to such activity. However, an activity or use of the character described above shall not be deemed a nonconforming activity to the extent that it has been or is hereafter authorized by a conditional zoning, variance or special use permit approval. (8) NONCONFORMING BUILDING OR USE (Flood Damage Prevention) . The term defining any legally existing building or use which fails to comply with the provisions of the Flood Damage Prevention Regulations. (9) NONCONFORMITY. The term defining a condition that occurs when, on the effective date of the Land Development Ordinance, of a previous ordinance, or on the effective date of an ordinance text amendment or rezoning, a legally existing zoning lot, structure, building, sign, development, or use of an existing zoning lot or structure fails to comply with the provisions of one (1) or more of the Land Development Ordinance regulations currently applicable to the district in which the zoning lot, structure, building, sign, development or use is located. (10) NON-CONVERSION AGREEMENT (Flood Damage Prevention) . The term defining a document stating that the owner will not convert or alter what has been constructed and approved. Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed for the property. The agreement must show the clerk’s or recorder’s stamps and/or notations that the filing has been completed.
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