It is recognized that new types of land use will develop and
forms of land use not anticipated may seek to locate in the city.
In order to provide for such changes and contingencies, a determination
as to the appropriate classification of any new or unlisted form of
land use shall be made as follows:
(1)
The director shall consider any new or unlisted use and make an interpretation
as to the zoning classification into which such use should be placed.
The referral of the use interpretation question shall be accompanied
by a statement of facts listing the nature of the use and whether
it involves dwelling activity, sales, processing, type of product,
storage and amount, and nature of noise, odor, fumes, dust, toxic
material, and vibration likely to be generated and the general requirements
for public utilities such as water and sanitary sewer.
(2)
Appeals of the director’s decision may be made to the planning
and zoning commission. The commission shall approve the director’s
recommendation or may make its own determination concerning the classification
of such use as is determined appropriate based upon the commission’s
findings.
(Ordinance 2019-42 adopted 10/8/19)
(a)
Intent.
Within the districts established by this chapter
or amendments that may later be adopted, there exist lots, structures,
and uses of land and structures which were lawful before this chapter
was passed or amended, but which would be prohibited, regulated, or
restricted under the terms of this chapter or future amendments.
(1)
It is the intent of this chapter to permit these nonconformities
to continue until they are removed, but not to encourage their survival.
Such uses are declared by this chapter to be incompatible with permitted
uses in the districts in which they are located. It is further the
intent of this chapter that nonconformities shall not be enlarged
upon, expanded, or extended, nor be used as grounds for adding other
structures or uses prohibited elsewhere in the same district.
(2)
A nonconforming use of a structure, a nonconforming use of land,
or a nonconforming use of a structure and land shall not be extended
or enlarged after passage of this chapter by attachment on a building
or premises of additional signs intended to be seen from the street
or off the premises, or by the addition of other uses of a nature
which would be generally prohibited in the district.
(3)
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction, or designated use
of any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual building construction has been diligently carried
on. Actual construction is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent
manner; except that where demolition or removal of an existing building
has been substantially begun in preparation for rebuilding, such demolition
or removal shall be deemed to be actual construction, provided that
work shall be diligently carried on until completion of the building
involved.
(b)
Nonconforming lots of record.
(1)
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width standards, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements may be obtained only through action of the board of adjustment (see section 14.01.202(f), authority to grant variances for more information).
(2)
If two or more lots or combinations of lots and portions of lots
with continuous frontage in single ownership are of record at the
time of passage or amendment of this chapter, and if all or part of
the lots do not meet the requirements for lot width and area as established
by this chapter, the lands involved shall be considered to be an undivided
parcel for the purposes of this chapter, and no portion of said parcel
shall be used which does not meet lot width and are requirements established
by this chapter, nor shall any division of the parcel be made which
leaves remaining any with width or area below the requirements stated
in this chapter.
(c)
Nonconforming use of land.
Where lawful use of land
exists that is made no longer permissible under the terms of this
chapter, as enacted or amended, such use may be continued, so long
as it remains otherwise lawful, subject to the following provisions:
(1)
No such nonconforming use shall be enlarged or increased, nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter;
(2)
No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective
date of adoption or amendment of this chapter;
(3)
If any such nonconforming use of land ceases for any reason for a
period of more than thirty (30) days, any subsequent use of such land
shall conform to the regulations specified by this chapter for the
district in which such land is located.
(d)
Nonconforming use of structures.
If a lawful use of
a structure, or of structure and premises in combination, exists at
the effective date of adoption or amendment of this chapter that would
not be allowed in the district under the terms of this chapter, the
lawful use may be continued so long as it remains otherwise lawful,
subject to the following provisions:
(1)
No existing structure devoted to a use not permitted by this chapter
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved, or structurally altered except
in changing the use of the structure to a use permitted in the district
in which it located.
(2)
Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment for this chapter, but no such use shall be
extended to occupy any land outside such building.
(3)
Any structure, or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district in which such structure
is located, and the nonconforming use may not thereafter be resumed.
(4)
When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for six (6) consecutive
months or for eighteen (18) months during any three (3) year period,
the structure thereafter shall not be used except in conformance with
the regulations of the district in which it is located.
(5)
Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
(6)
Where nonconforming use status applies to a conforming structure,
such use shall be immediately terminated upon transfer to another
ownership or lease.
(e)
Changing uses and nonconforming rights.
(1)
Nonconforming use to conforming use.
Any nonconforming
use may be changed to a conforming use, and once such change is made,
the use shall not be changed back to any nonconforming use.
(2)
Nonconforming use to another nonconforming use.
A nonconforming
use may not be changed to another nonconforming use.
(3)
Conforming use in a nonconforming structure.
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in subsection 14.03.602(f), expansion of nonconforming uses and structures, below.
(f)
Expansion of nonconforming uses and structures.
An expansion
of a nonconforming use or structure is allowed in accordance with
the following.
(1)
Nonconforming use expansion in existing building.
A
nonconforming use located within a building may be extended throughout
the existing building, provided.
(A)
No structural alteration, except as provided in subsection 14.03.602(f)(5) below, may be made on or in the building except those required by law to preserve such building in a structurally sound condition.
(B)
The number of dwelling units or rooms in a nonconforming residential
use shall not be increased so as to exceed the number of dwelling
units or rooms existing at the time said use became a nonconforming
use.
(2)
Nonconforming use prohibited from expansion beyond existing building.
Nonconforming use within a building shall not be extended to
occupy any land outside the building.
(3)
Off-street parking.
Nonconforming use of land or building
shall not be enlarged, increased, or extended to occupy a greater
area of land than was occupied at the time the land became a nonconforming
use, except to provide additional off-street parking spaces.
(4)
Residential lot exemption.
The minimum residential lot
areas for the various zoning districts shall be in accordance with
their respective districts except that a lot having less area than
herein required which was an official “lot of record”
prior to the date of this ordinance adoption (October 8, 2019), may
be used for a single-family dwelling.
(5)
Expansion of nonconforming buildings with conforming uses.
Buildings or structures which do not conform to the area regulations
or development standards in this ordinance but where the uses are
deemed conforming shall not increase the gross floor area greater
than ten percent (10%) after the date when the building became nonconforming.
(6)
Reuse of abandoned or vacant buildings by conforming uses allowed.
Buildings or structures which have been vacant or abandoned
for more than six (6) months and do not meet the current area regulations
or development standards shall be allowed to be re-occupied only by
a conforming use or uses.
(g)
Restoration of nonconforming structures.
(1)
Total destruction. If a nonconforming structure is destroyed by fire,
the elements, or other cause, it may not be rebuilt except to conform
to the provisions of this ordinance.
(2)
Partial destruction. In the case of partial destruction of a nonconforming
structure not exceeding fifty-one percent (51%) of its total appraised
value as determined by the applicable county appraisal district, reconstruction
will be permitted, but the existing square footage or function of
the nonconforming structure cannot be expanded.
(i)
Repairs and maintenance.
On any building devoted in
whole or in part to an nonconforming use, work may be done in any
period of twelve (12) consecutive months on ordinary repairs, or on
repair or replacement of nonbearing walls, fixture, wiring or plumbing,
to an extent not exceeding ten percent of the current replacement
value of the building, provided that the cubic content of the building
as it existed at the time of passage or amendment of this chapter
shall be not increased. Nothing in this chapter shall be deemed to
prevent the strengthening or restoring to a safe condition of any
building or part thereof declared to be unsafe by any official charged
with protecting the public safety, upon order of such official.
(j)
Uses under exception provision.
Any use for which a
special exception is permitted as provided in this chapter shall be
defined as a “conforming use” in such district only for
the single property granted such exception.
(Ordinance 2019-42 adopted 10/8/19)
