HomeMy WebLinkAboutA035 - Council Action Summary from January 11, 2000 meeting, Item 23a a •
COUNCIL ACTION SUMMARY
Meeting Date: 1/11/00
Agenda Item #: 23a
SUBJECT: Non-Conforming Provisions in the Proposed Zoning Ordinance
ACTION TAKEN: Directed staff to incorporate new language in Section 29.307(1)
of the proposed Zoning Ordinance to read as follows: "It is the general policy of the city
to allow uses, structures, and lots that came into existence legally, in conformance with
then applicable requirements, to continue to exist and be put to productive use, but to
mitigate adverse impact on conforming uses in the vicinity."
MOTION BY: Wirth
SECOND BY: Cross
VOTING AYE: Campbell, Cross, Goodhue, Hoffman, Quirmbach, Wirth
VOTING NAY: None
ABSENT: None
By:C 'I&�c(L�
Diane Voss, City Cleric
Copy to: Brian P. O'Connell
STAFF REPORT
NONCONFORMING PROVISIONS
PROPOSED ZONING ORDINANCE
BACKGROUND:
For sometime the City Council has been discussing the issue of how the proposed zoning
ordinance should address the issue of nonconforming aspects of property that result from the
adoption of the new ordinance. At the meeting of December 7, 1999, nonconforming provisions
of the proposed ordinance were discussed. The City Council directed that the staff investigate
the mechanism of using a Special Use Permit as a means to address the concerns of properties
that become nonconforming when the City adopts the proposed ordinance.
ANALYSIS:
Nonconformities that result from a city administering zoning ordinances is not an uncommon
occurrence. To the degree possible cities should attempt to minimize nonconformities, but in
most instances nonconformities occur. In researching the "The Law of Zoning and Planning"
by Rathkopf, it indicates that nonconformities usually result when one of the following events
occur:
1. A city adopts a zoning ordinance for the first time and, even with the greatest of effort,
the city finds that there are uses of property that do not fit the newly adopted ordinance
and thus nonconformities result;
2. A city will amend an existing zoning ordinance and the new provisions of the zoning
ordinance, that is often designed to implement a new Comprehensive Plan, results in the
creation of nonconformities; and
3. When a city annexes property, there is often existing uses of land that will not conform to
the zoning ordinance of the city and thus nonconformities are annexed into the city.
Because of these occurrences, zoning ordinances almost always have regulations that are referred
to as nonconforming provisions that are designed to protect the rights of the owners of the
nonconforming property, yet are also designed to implement the intent to the city's
comprehensive plan.
Nonconforming regulations can be very restrictive and assist the city in eliminating the
nonconformity often through amortization or abandonment mechanisms. In other instances,
nonconforming regulations can be very forgiving and allow a great deal of freedom to the
property owner to maintain and continue the nonconformity indefinitely. It is staff s belief that
the proposed zoning ordinance that the City Council is about to implement is very forgiving and
allows nonconformities to remain indefinitely. In fact, the proposed nonconforming regulations
in many ways are more liberal form the property owners standpoint than the existing ordinance.
In all instances, the reference to a nonconformity is referring to "a protected" or "vested" use of
property. In the proposed zoning ordinance the definition of a nonconforming lot, use, or
structure is:
"a lot use or structure, which lawfully existed prior to the adoption, revision or
amendment of this zoning ordinance, but which,fails, by reason of such adoption,
revision or amendment, to conform to this ordinance."
The important features of this definition are that the lot use or structure is lawful with respect to
any existing land regulations that were in effect prior to the adoption revision or amendment of a
land regulation. This is in contrast to a lot use or structure that was not lawful and resulted
through some means other than that which would be required as part of the administration of
land regulations.
Another important feature of the definition is that the lot use or structure actually exist.
Protected or vested nonconforming provisions do not apply to the desires or expectations of a
property owner to create a lot use or structure that has not actually occurred.
As a means to clarify what the nonconforming provisions contain, the following table represents
a listing of the sections of both the existing zoning ordinance and the proposed ordinance that
regulate nonconformities. (These provisions are related to the nonconforming regulations that
relate to nonconforming uses. The listing does not include provisions that relate to
nonconforming lots or other nonconformities.)
The description of the nonconforming provisions is an abbreviated description of the ordinance
and not the ordinance language itself.
COMPARISON OF NONCONFORMING PROVISIONS
OF THE EXISTING AND PROPOSED ZONING ORDINANCE
EXISTING ORDINANCE PROPOSED ORDINANCE
Statement of Intent- Purpose-
• Recognizes that nonconformities exist; . It is the policy to allow nonconformities to
• Permits nonconformities to continue; and exist and be put to productive use;
• Is the intent to restrict nonconformities so • Bring many aspects of the nonconformity
that compatible land use and zoning will into conformance;
prevail. • Recognizes the interests of the property
owners;
• Promote reuse and rehabilitation; and
• Place reasonable limits on expansion.
Nonconforming Uses (Land)- Nonconforming Uses (Structures or Land)-
• Can continue; • Can continue;
• Shall not be enlarged to occupy a greater • Structures or use can be enlarged to the
area of land; limits that are established in the zoning
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• Cannot be moved on the lot or to another district as long as the enlargement meets
parcel; requirements and a Special Use Permit
• No structures shall be moved to the land; (meeting all standards) is obtained;
and . Structures can be enlarged by 125% of the
• If discontinued for one (1) year, the use of floor area as a matter of right if all
land must conform. requirements of the zoning district are met;
Nonconforming Uses (Structures)- • Can be repaired;
• Can be continued; . Structures cannot be moved to a new
• Cannot be enlarged, extended, location unless the structure meets
reconstructed, moved or structurally altered requirements;
unless the use conforms; . Structures can be moved on the same lot as
• Can be changed to a similar use by a long as the structure moved does not result
Special Exception (Use) Permit that meets in an increase in nonconformity and a
standards; Special Use Permit is obtained;
• Can be repaired; . Use can be changed to a substantially
• If use of structure or land in combination similar use by a Special Use Permit that
ceases for one (1) year the use of the meets standards;** and
structure or land in combination must . If the structure is abandoned, notice must
conform; and be given to the property owner. The
• If the structure is destroyed by more than property owner can assert that the property
60% of replacement cost of the structure, it is not abandoned and show the Zoning
cannot be used for any use other than a use Board of Adjustment that the property is
that conforms. not abandoned and resume the
nonconforming right.
Nonconforming Structures-
• Can be repaired;
• Can be occupied by a conforming use;
• If the structure is damaged to 70% or less
of its assessed value it can be rebuilt; and
• If the structured is damaged to more than
70% of assessed value, it can be rebuilt if it
complies with district requirements or if
the Zoning Board of Adjustment approves
a Special Use Permit after it is determined
that the rebuilt structure will comply with
as many of the requirements as possible. 11
(Full text copies of the nonconforming provisions of the existing zoning ordinance and the
proposed zoning ordinance are attached.)
It is staff s belief that the proposed nonconforming provisions are more forgiving than the
nonconforming provisions that have existed in the zoning ordinance for some time. As a result,
to the extent that the new zoning ordinance (map and text) would create nonconforming uses, the
proposed zoning ordinance gives property owners avenues of relief that provide for a greater
degree of use right and thus serves to off-set the consequences of the nonconforming status.
3
The proposed ordinance already uses the mechanism of a Special Use Permit from the Zoning
Board of Adjustment in several instances where relief is available to an owner of a
nonconforming use or structure. These include:
• The ability to enlarge a nonconforming use or structure to the limit that the zoning district
would allow;
• The ability to move a nonconforming use or structure on the same lot;
• The ability to change an existing nonconforming use to a substantially similar
nonconforming use; and
• The ability to reconstruct a damaged structure where the extent of damage exceeds 70%
of the assessed value and the reconstructed structure meets most but not all of the
requirements in the zoning district.
Since the proposed zoning ordinance already contains a greater degree of flexibility to property
owners whose property becomes nonconforming as a result of this proposed ordinance, it is
staff s believe that no further changes to the ordinance are needed. If the City Council believes
that there is a need for greater flexibility, the following proposed amendments that address the
"substantially similar"provision will result in even more flexibility.
ALTERNATIVE LANGUAGE THAT WOULD BE MORE FORGIVING FOR
SUBSTANTIALLY SIMILAR NONCONFORMING USES:**
There might be instances where the language in the proposed ordinance that limits a change in
use to a "substantially similar" use could be problematic (129 Beedle Drive, as an example). If
the City Council believes that this "substantially similar" provision is too restrictive, then the
following changes to the proposed ordinance would serve to overcome this situation.
Revise the purpose statement in Section 29.307(l) from:
"It is the general policy of the city to allow uses, structures and lots that came
into existence legally in conformance with then applicable requirements, to
continue to exist and be put to productive use, but to bring as many aspects of
such situations into compliance with existing regulations as is reasonably
possible."
To:
"It is the general policy of the city to allow uses, structures and lots that came
into existence legally, in conformance with then applicable requirements, to
continue to exist and be put to productive use but to mitigate adverse impact
on conforming uses in the vicinity".
The purpose statement would eliminate the goal of achieving some semblance of similarity in
use as the city administers the nonconforming provisions. The goal would be to mitigate adverse
impacts and not similarity of use.
4
In order to accomplish this purpose statement, Section 29.307(2)(b) would have to be revised to
state as follows:
"The proposed use is in the same section 29.501(4) category of use as the current
nonconforming use."
The effect of this proposed change would be that existing nonconforming uses of property could
remain and even be changed to a use of the same category as long as the Zoning Board of
Adjustment determines that the changed use does not have an adverse impact. The decision by
the Zoning Board of Adjustment would be based on the following standards outlined in the
proposed ordinance.
(i) The proposed use is in the same section 29.501(4) category of use as the current use;
(ii) No structural alterations will be made in the building or structure containing the use
that increases any nonconformity;
(iii) The proposed use will have no greater impact on the surrounding area than the
existing nonconforming use;
(iv) Adequate parking exists for the proposed use based on the parking standards in the
ordinance; and
(v) The proposed use is compatible with surrounding land uses based on hours of
operation and the ability to mitigate noise and light impacts by incorporating buffering between
the proposed use and surrounding land uses where necessary.
This approach would solve the concern that some property owners might have with the
"substantially similar"provision.
Ultimately, the City Council must decide how restrictive or how forgiving the proposed zoning
ordinance should be with respect to nonconforming uses or property.
Attachment
s:\caf\nonconforming 111
5
Sec. 29.11. NONCONFORMING USE OF WxD, NONCONFORMING STRUCTURES AND
NONCONFORMING USES OF STRUCTURES.
Statement of Intent: Within the various districts established by this chapter or its amendments, there exist
structures and uses of land with or without structures which were lawful or vested nonconforming uses prior to the
adoption of this chapter or its amendments, but which would be prohibited, regulated or restricted under the provisions
of this chapter. It is the intent of this chapter to permit those non-conformities to continue even though they are
incompatible with the district in which they are located so long as provisions hereinafter set forth are complied with. It
is the general intent of this chapter to restrict non-conformities so that compatibility of land use and zoning will prevail.
(1) Nonconforming Uses of Land. The lawful use of land upon which no building or structure is erected
or constructed,which is a vested nonconforming use under this and prior zoning ordinances as adopted or amended, may
be continued so long as such use remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming use shall be enlarged, increased or extended to occupy a greater area
of land.
(b) No such nonconforming use shall be moved m whole or in part to any other portion of the lot
or parcel.
(c) No structure or building shall be constructed on or moved onto the land, unless the use is
changed to a use permitted in that district.
(d) If any such nonconforming use of lard ceases for any reason for a period of one(1)year, any
subsequent use of such lud shall conform to the district regulations for the district in which such land is located.
(2) Nonconforming Uses of Structures. If a lawful use or vested nonconforming use of a structure, or of f
a structure and land in combination,exists at the effective date of adoption or amendment to these regulations, that would
not he allowed in the district under the terms of these regulations, the use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
(a) No existing structure devoted entirely or in part to a use not permitted by this chapter in the
district in which it is located shall be enlarged, extended, reconstructed, moved on the property, or structurally altered,
unless the use is changed to a use permitted in the district in which such structure is located.
(Ord. 2861, Sec. 2, 10-25-83)
(b) Any lawful, vested,nonoonfomung use shall not be expanded or extended within the structure
beyond the area of such use occupied at the time a change in the Zoning regulations made it non-conforming. No such
use shall be extended to any lard outside such building.
(c) If no structural alterations are made, a vested nonconforming use of a structure may be
changed to another similar nonconforming use by means of a special exception permit granted by the Zoning Board of
Adjustment. However,any proposed change or addition in usage of a nonconforming use must first be reviewed by the
Planning and Zoning Commission. Such review shall determine the impact on the surrounding area by considering the
following features:
(i) Similarity of the proposed use to the current use;
' (ii) Traffic impact of the proposed use, including delivery vehicles,
(iii) Parking adequacy, based on Ordinance parking standards for the proposed use;
(iv) Compatibility with surrounding land uses, based on the hours of operation, the ability
to incorporate buffering between the proposed use and surrounding land uses where necessary, the proposed signage, and
the ability to alleviate such disturbing factors as noise, air pollution, and glare.
Any conditions which would create greater disturbing factors to the surrounding area than those
produced by the prior nonconforming use shall be a basis for denial.
A recommendation shall be forwarded to the Zoning Board of Adjustment for review and
determination.
(d) If any such nonconforming use of a structure or land and structure in combination ceases for
any reason for a period of one(1)year, any subsequent use of such structure shall conform to the district regulations for
the district in which such structure is located. When vested nonconforming use status applies to a structure and land in
combination, removal or destruction of the structure shall terminate the authorization for the nonconforming use of the
IBM.
(e) Any structure lawfully devoted to a use made nonconforming by this chapter that is destroyed
by any means to the extent of sixty (60)percent or more of its replacement cost at the time of destruction,exclusive of
the foundations, shall not be reconstructed except in conformity with the provisions of this chapter. If the structure is
destroyed less than sixty (60)percent above the foundation, it may be reconstructed and used as before provided such
reconstruction is done within one(1)year of such happening and is built of like or similar materials.
(Ord. No. 2861, Sec. 2, 10-25-83)
(3) Nonconforming Structures. Where a vested nonconforming structure is nonconforming by reason of
restriction on area, lot coverage, height,yards, or other characteristics of the structure and its location on the lot, such
structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) That it is not enlarged or altered in a way which increases its nonconformity, and provided
that such enlargement or addition conforms in all respects to existing zoning regulations.
(b) That should it be destroyed by any means to an extent of sixty (60) percent or more of its
replacement cost at time of destruction,exclusive of the foundations, it shall not be reconstructed except in conformity
with the provisions of this chapter. If the structure is destroyed less than sixty (60)percent.above the foundation, it may
be reconstructed and used as before provided such reconstruction is done within one(1)year of such happening and is
built of like or similar materials.
(Ord. 2861, Sec. 3, 10-25-83)
(4) Maintenance and Repair to Vested Nonconforming Structures and to Structures Devoted Entirely or
in Part to Vested Nonconfornung Uses. Nothing in this section shall prohibit the maintenance and repair of vested
nonconforming structures or structures in sound and safe condition, provided no structural enlargement, extension or
change shall be made to increase the degree of nonconformity.
(Code 1956, Sec. 42-8;Ord. No. 2109, Sec. 1, 12-21-65; Ord. No. 2383, Sec. 1 dt 2, 12-30-71; Ord. No. 2751,
Sec. 11, 7-1-80; Ord. 2861, Sec. 4, 10-25-83)
Sec.29.307. NONCONFORMITIES.
(1) General.
(a) Purpose. It is the general policy of the City to allow uses,structures and lots that came into
existence legally,in conformance with then-applicable requirements,to continue to exist and be put to productive use,
but to bring as many aspects of such situations into compliance with existing regulations as reasonably possible. This
Section establishes regulations governing uses,structures and lots that were lawfully established but that do not conform
to one or more existing requirements of this Ordinance. The regulations of this Section are intended to:
(i) Recognize the interests of property owners in continuing to use their property;
(ii) Promote reuse and rehabilitation of existing buildings;and
(iii) Place reasonable limits on the expansion of nonconformities that have the potential
to adversely affect surrounding properties and the community as a whole.
(b) Unsafe Situations. Nothing in this Section shall be construed to permit the continued use
of a building or structure found to be in violation of building,basic life safety or health codes of the City. The right to
continue any nonconformity shall be subject to all applicable housing,building,health and other applicable life safety
codes.
(c) Repair and Maintenance. Normal maintenance and incidental repair:may be performed on
a conforming structure that contains a nonconforming use or on a nonconforming structure. Nothing in this Section
shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in
accordance with an order of the Building Official.
(d) Accessory Uses and Structures. Nonconforming accessory uses and nonconforming
accessory structures shall be subject to all provisions that govern Principal Uses and structures.
(e) Determination of Nonconformity Status.
(i) Whether a nonconformity exists shall be a question of fact to be decided by the
Zoning Enforcement Officer,subject to appeal to the Zoning Board of Adjustment.
(ii) The burden of establishing that a nonconforming use or nonconforming structure
lawfully exists under this Zoning Code,shall in all cases be the owner's burden and not the City's.
(f) Reversion Prohibited. No nonconforming use,building,structure and/or lot,if once changed
to conform with the Ordinance shall thereafter be changed so as to be nonconforming again. No nonconforming use,
building,structure and/or lot,if once changed to more nearly conform with the Ordinance,shall thereafter be changed
so as to be less conforming again.
(2) Nonconforming Uses. Any use of any structure or lot that was conforming or validly nonconforming
and otherwise lawful at the enactment date of this ordinance and is nonconforming under the provisions of this
Ordinance or that shall be made nonconforming by a subsequent amendment,may be continued so long as it remains
otherwise lawful,subject to the standards and limitations of this Section.
(a) Movement;Alteration and Enlargement.
(i) Enlargement.
a. A nonconforming use may not be increased in intensity and may not be
enlarged,expanded or extended to occupy parts of another structure or portions of a lot that it did not occupy on the
effective date of this Ordinance,unless the enlargement,expansion or extension complies with all requirements for the
zone,does not create an additional nonconformity,and is approved for a Special Use Permit by the Zoning Board of
Adjustment,pursuant to the procedures of Section 29.1503,excluding 29.1503(4)(b)(vii)of the Review Criteria General
Standards,except as described in subsection b.following.
b. Any building or structure containing a nonconforming use may be enlarged
up to 125%of the floor area existing on the effective date of this ordinance,provided that the expanded building or
structure complies with all density,coverage and spatial requirements of the zone in which it is located.
C. The enlargement of a nonconforming use that has the effect of making a
structure nonconforming, other than as described in subsection b. above, shall not be specially permitted pursuant to
Section 29.1503,but rather shall be construed as a request for a variance,subject to the procedures of Section 29.1504.
(ii) Exterior or Interior Remodeling or Improvements to Structure. Exterior or interior
remodeling or improvements to a structure containing a nonconforming use shall be permitted, provided that any
proposed enlargement,expansion or extension shall be subject to the provisions set forth in the above paragraph.
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(iii) Relocation of Structure. A structure containing a nonconforming use shall not be
moved unless the use and structure will comply with all of the regulations that apply in the new location. The Zoning
Board of Adjustment may authorize a structure containing a nonconforming use to be moved to another location on the
same lot, provided that they determine that such a move will not have the effect of increasing the degree of
nonconformity.
(b) Change to Another Nonconforming Use. Except as provided in this Section, a
nonconforming use may be changed only to a use that conforms to the Ordinance. Once changed to a conforming use,
no use may revert to a nonconforming use.
The Zoning Board of Adjustment may grant a Special Use Permit to allow a change from one valid
nonconforming use to a substantially similar nonconforming use,provided that the Planning and Zoning Commission
reviews the application for the proposed use and determines its likely impact on the surrounding area by considering
the following:
(i) The proposed use is substantially similar to the current use;
(ii) No structural alterations will be made in the building or structure containing the use
that increases any nonconformity;
(iii) The proposed use will have no greater impact on the surrounding area than the
existing nonconforming use;
(iv) Adequate parking exists for the proposed use,based on parking standards in the
Ordinance;and
(v) The proposed use is compatible with surrounding land uses,based on the hours of
operation and the ability to mitigate noise and light impacts by incorporating buffering between the proposed use and
surrounding land uses where necessary.
(c) Abandonment.
(i) Effect of Abandonment. Once abandoned, a nonconforming use shall not be
reestablished or resumed. Any subsequent use or occupancy of the structure or lot must conform with the regulations
of the district in which it is located.
(ii) Evidence of Abandonment. A nonconforming use shall be presumed abandoned
when any of the following has occurred:
a. The owner has in writing or by public statement indicated intent to abandon
the use;
b. A less intensive or less nonconforming use has replaced the nonconforming
use;
C. The building or structure has been removed through the applicable
procedures for the condemnation of unsafe structures;
d. The owner has physically changed the building or structure or its permanent
equipment in such a way as to clearly indicate a change in use or activity to something other than the nonconforming
use;or
e. The use has been discontinued,vacant or inactive for a continuous period
of at least one year. C.
(iii) Notice. Upon the occurrence of any of the events described in Section 3(b)above,
the Zoning Enforcement Officer shall document such event and shall issue a notice to the property owner by certified
mail,return receipt requested,,stating that the property owner's intent to abandon the Nonconforming Use is presumed,
and that the Nonconforming Use will be terminated unless the property owner submits an Answer within 30 days of the
date the notice was issued.
(iv) Answer. The Answer shall indicate the property owner's intention to resume the
Nonconforming Use and shall describe the actions the property owner intends to take within 90 days of submission of
the Answer to resume the Nonconforming Use. Answers must be on forms provided by the Zoning Enforcement
Officer.
a. If an Answer is submitted within 30 days of the issuance of the Notice,but
the Nonconforming Use is not resumed within the 90 days following submission of an Answer,the Nonconforming Use
shall be terminated at the end of that 90-day period. Once a Nonconforming Use is terminated,subsequent uses of the
property must conform to this Ordinance.
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b. If no Answer is submitted within 30 days of the issuance of the Notice,the
Nonconforming Use will be terminated.
(v) Overcoming Presumption of Abandonment. The presumption of abandonment may
be rebutted upon a showing,to the satisfaction of the Zoning Board of Adjustment,that during the 12-month period in
question, the owner of the land or structure has been:
a. maintaining the land and structure in accordance with the Building Code
and did not intend to discontinue the use;
b. actively and continuously marketing the land or structure for sale or lease;
or
C. engaged in other activities that would affirmatively prove there was no
intent to abandon.
(vi) Calculation of Period of Abandonment. Any period of discontinuance or cessation
of use caused by government actions,fire or natural calamities,and without any contributing cause by the owner of the
nonconforming use,shall not be considered in calculating the length of discontinuance pursuant to this Section.
(d) Special Use Permit Provision. Any existing use that is permitted as of right on the effective
date of this Ordinance,but that under the provisions of this Ordinance is permissible only by Special Use Permit, if
otherwise lawful,shall not be deemed a Nonconforming Use. Any expansion of such existing use shall be permissible
only by Special Use Permit in accordance with Section 29.1503.
(e) Variance Provision. Any use of land or a structure that is not a permitted use in the district
in which it is located but which is allowed by the granting of a variance pursuant to Section 29.1504 shall be deemed
a Nonconforming Use.
(3) Nonconforming Structures. A nonconforming structure that lawfully occupies a site on the effective
date of this Ordinance that does not conform with the Zone Development Standards of the underlying Zone or the
General Development Standards of this Ordinance may be used and maintained,subject to the standards and limitations
of this Section.
(a) Maintenance and Repair. Maintenance,remodeling and repair of a nonconforming structure
shall be permitted without a variance or a Special Use Permit,provided that such maintenance,remodeling or repair does
not increase the degree of nonconformity.
(b) Occupancy by a Conforming Use. A nonconforming structure may be occupied by any use
allowed in the Zone in which the structure is located, subject to all other applicable use approval procedures and
conditions.
(c) Restoration of a Damaged Nonconforming Structure.
W Any nonconforming structure damaged to the extent of 70%or less of its assessed
value by fire,wind, tomado,earthquake, or other natural disaster may be rebuilt,provided such rebuilding does not
increase the intensity of use,as determined by the number of dwelling units(for residences) or floor area or ground
coverage(for nonresidential uses),does not increase the nonconformity,complies with all other legal requirements,and
is completed within 18 months from the time of damage. The structure shall not be rebuilt closer to the property line
than the original structure or the applicable district setback lines,whichever is closer.
(ii) Any nonconforming structure damaged to the extent of more than 70% of its
assessed value may not be rebuilt, repaired, or used unless the rebuilt structure conforms with all regulations of the
district in which it is located or unless the Zoning Board of Adjustment approves the reconstruction by granting a
Special Use Permit after determining that restoration will be made to the fullest extent possible in conformance with
applicable zoning standards.
(d) Enlargement and Expansion. A nonconforming structure may not be enlarged,expanded
or extended unless it conforms to the requirements of this ordinance.
(e) Relocation. The Zoning Board of Adjustment may authorize a structure containing a
nonconforming use to be moved to another location on the same lot,provided that it determines that such a move will
not have the effect of increasing the degree of nonconformity.
(4) Nonconforming Lots. Lots of record lawfully existing on the effective date of this Ordinance which
do not meet the requirements of this Ordinance for lot size and minimum frontage shall be deemed Nonconforming Lots
and shall be governed by the following:
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(a) Use of Nonconforming Lots. Any Nonconforming Lot may be built upon so long as all use,
density and coverage standards and all spatial standards other than minimum lot size and minimum frontage
requirements are met.
(b) Vacant Lot. If the lot or parcel was vacant on the date on which this Ordinance became
applicable to it,then the owner may use the property as permitted by the applicable Zone,provided that the use shall
comply with applicable dimensional requirements of this Ordinance to the maximum extent practicable. If the
applicable Zone permits a variety of uses or a variety of intensities of uses and one or more uses or intensities would
comply with applicable setback requirements while others would not, then only the uses or intensities that would
conform with the applicable setback requirements shall be permitted. Otherwise the owner may seek a variance from
such requirements from the Zoning Board of Adjustment.
(c) Lot with Building or Structure. If the lot or parcel contains a building or structure on the date
on which this Ordinance become applicable to it,then the owner may continue the use of that building or structure and
may reasonably expand the structure in any way that does not increase the degree of nonconformity;an increase in
building size shall not be deemed to increase the degree of nonconformity unless it increases the encroachment on a
required setback or height limitation. Remodeling of a structure within the existing building footprint or expansion in
compliance with this Section shall not require a variance but shall be reviewed by the Zoning Enforcement Officer as
though the lot were conforming.
(d) Lot Merger. If 2 or more adjoining lots of record,at least one of which is undeveloped,are
in the same ownership and any of these lots are made nonconforming by this Ordinance or any amendment thereto,the
parcels of land involved shall be considered a single lot for purposes of applying this Ordinance and no portion of said
lot shall be divided off, sold, or used in any manner which violates the lot size and frontage requirements of this
Ordinance.
(5) Other Nonconformities.
(a) Examples of Other Nonconformities. The types of other nonconformities to which this
Section applies include:
(i) Fence height or location;
(ii) Lack of buffers or screening;
(iii) Lack of or inadequate landscaping;
(iv) Lack of or inadequate off-street parking;and
(v) Other nonconformities not involving the basic design or structural aspects of the
building,location of the building on the lot,lot dimensions or land or building use.
Development that is consistent with a Site Development Plan approved before the date that this
Ordinance became effective shall be deemed to be in conformance with this Ordinance to the extent that it is consistent
with the-approved plan and to the extent that such plan or conditions imposed thereon directly addresses the specific
issue involved in the determination of conformity.
iL- (b) Policy. Because nonconformities such as those listed above involve less investment and are
more easily corrected than those involving lots,buildings and uses,it is generally the policy of the City to eliminate such
other nonconformities as quickly as practicable.
(c) Increase Prohibited. The extent of such other nonconformities shall not be increased without
a variance.
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