Nonconformities shall be allowed to continue in accordance with the regulations of this Article. If a use lawfully occupying land or buildings immediately before the effective date of this Zoning Ordinance is classified by the Use Table in Sec.
308 as a conditional use in the zoning district where that use is located, such use shall not be considered a nonconforming use. The existing use shall be considered a lawful conditional use, the same as if the City Council had expressly approved the location of that use on the lot where existing at the effective date of this Zoning Ordinance.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1. Nonconforming
Use
No nonconforming use may be enlarged, expanded or extended to
occupy a greater area of land or floor area than was occupied on the
effective date of this Zoning Ordinance, except upon authorization
by the City Council and in conformance with the procedures set forth
in Sec. 609. Establishment or extension of a lawful use in a nonconforming
structure shall not be deemed the extension of a nonconforming use.
2. Nonconforming
Structure
No nonconforming structure may be enlarged, expanded or extended
in such a manner that it shall be made more nonconforming (for example,
by increasing the encroachment of a building into a required yard
or by increasing the height of a structure above that allowed for
the affected district). A nonconforming structure may be enlarged,
expanded or extended so long as the nonconforming feature is not enlarged,
expanded or extended, thereby making the structure more nonconforming.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
A nonconforming use may be changed to another use as follows.
a. A nonconforming
use may be changed to a conforming use.
b. A nonconforming
use may be changed to another nonconforming use, provided the new
use is of the same general character or less intensive in character
(and thus more closely conforming). The determination of whether a
proposed use is less intensive shall be made by the Zoning Administrator
in accordance with the provisions for written interpretations in Sec.
206 [203]. A nonconforming use, if changed to a less intensive nonconforming
use, may not thereafter be changed back to a less conforming or more
intensive use.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
If a nonconforming use or structure is not operated during a
continuous period of 6 months, said nonconforming use or structure
shall be considered abandoned, and the structure or tract of land
where the nonconforming use previously existed shall thereafter be
occupied and used only in conformity with this Zoning Ordinance.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1. Total Destruction
or Obsolescence
A nonconforming use or structure shall not be extended or rebuilt
in case of obsolescence or total destruction by fire or other cause.
2. Partial
Destruction
a. In the
case of a nonconforming use or structure partially destroyed by any
cause, the Building Official shall be authorized to issue permits
for complete reconstruction, so long as the Building Official determines
that the cost of such reconstruction does noes [not] exceed 50 percent
of the current replacement value for the entire structure.
b. In the
case of a nonconforming use or structure partially destroyed by any
cause, where the costs of proposed reconstruction are determined by
the Building Official to exceed 50 percent of the current replacement
value for the entire structure, the Building Official shall be authorized
to issue permits for reconstruction only when specifically authorized
by the City Council. Such rebuilding or restoration shall comply with
the provisions of this Zoning Ordinance to the extent deemed reasonably
practical, and the applicant shall make every reasonable effort to
eliminate the nonconformities and bring the structure and site into
substantial conformance with this Zoning Ordinance.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1. Normal Maintenance
Normal maintenance of a building or a structure containing a
nonconforming use is allowed, including necessary nonstructural repairs
and incidental alterations not extending the nonconforming use.
2. Structural
Changes
No structural alteration shall be made in a building or other
structure containing a nonconforming use except when required by law.
3. Major Repairs
No major repairs or substantial alterations shall be allowed
unless and until the off-street parking and off-street loading space
requirements of Article 5 are met.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
a. When in its
judgment, the public convenience, health, safety and welfare will
be substantially served, the City Council may, after public notice
and public hearing, take action relative to the discontinuance of
a nonconforming use. Required public notice shall be by mail and by
newspaper publication, in accordance with the standards of Sec. 201.
b. The City
Council may require the discontinuance of a nonconforming use or structure
under any plan whereby full value of the property can be amortized
within a definite period of time, taking into consideration the general
character of the neighborhood and the necessity for all property to
conform with the regulations of this Zoning Ordinance.
c. In addition,
the City Council may require the removal of any structure or improvements
located on property where discontinuance of a nonconforming use has
been ordered if such improvements cannot, in the Council’s opinion,
be converted to a lawful use.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1. Purpose
and Applicability
Some uses of land will not conform to regulations of the zoning
district in which they are located, even though such uses lawfully
occupy that land before the effective date of this Zoning Ordinance.
Such nonconforming uses require approval by the City Council in order
to be enlarged, expanded or extended to occupy more land or floor
areas than prior to the effective date of this Zoning Ordinance.
2. Submission
of Application
A complete application for expansion of a nonconforming use
shall be submitted to the Zoning Administrator on a form prescribed
by the Administrator along with the appropriate application fee. Any
such application shall include plans or drawings sufficient in clarity
and detail to describe existing use of the subject property as well
as any proposed expansion.
3. Hearing
and Action by Planning Commission
The Planning Commission shall hold a public hearing on an application
for enlargement of a nonconforming use. At the public hearing, the
Planning Commission shall consider the application, any pertinent
comments by the City staff, any relevant support materials and the
public testimony given at the public hearing in light of the criteria
below. After the close of the public hearing, the Planning Commission
shall vote to approve, approve with conditions, or deny the application
for enlargement of a nonconforming use, pursuant to the criteria below.
4. Approval
Criteria
Approval by the City Council of any proposed enlargement of
a nonconforming use shall be based upon the following criteria.
a. Impacts
Minimized.
Whether and the extent to which the proposed
expansion of a nonconforming use creates adverse effects, including
adverse visual impacts, on adjacent properties.
b. Compatible
with Surrounding Area.
Whether and the extent to which
the proposed expansion of a nonconforming use is compatible with existing
and anticipated uses surrounding the subject property.
c. Effect
on Natural Environment.
Whether and the extent to which
the proposed expansion of a nonconforming use would result in significant
adverse impacts on the natural environment, including but not limited
to adverse impacts on water and air quality, noise, stormwater management,
wildlife, vegetation, wetlands and the practical functioning of the
natural environment.
d. Community
Need.
Whether and the extent to which the proposed expansion
of a nonconforming use addresses a demonstrated community need.
e. Development
Patterns.
Whether and the extent to which the proposed
expansion of a nonconforming use would result in a logical and orderly
pattern of urban development in the community.
5. Conditions
The City Council may impose such conditions on an expansion
of a nonconforming use as are necessary to accomplish the purposes
of this Zoning Ordinance, to prevent or minimize adverse impacts on
the public and on neighborhoods, and to ensure compatibility of the
site with its surroundings. These conditions may include, but are
not limited to, limitations on size, bulk and location; requirements
for landscaping, buffering and screening, lighting, and adequate ingress
and egress; cash deposits, bonds or other guarantees of performance;
other on-site improvements; and limitations on the duration or hours
of operation of an expanded use.
6. Expiration
of Approval
A building permit for any approved expansion of a nonconforming
use must be acquired and construction must be substantially complete
within 12 months from the date on which the expansion was approved.
The Zoning Administrator may grant a longer period of time when provided
with significant evidence that the approved expansion cannot realistically
be constructed during the first 12 months, but in no event shall such
extension period exceed an additional 12 months.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)