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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 mitigate adverse impact on conforming uses in the vicinity. 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.
Sup 42012-2 Chapter 29.Article 3-5 Rev.04-01-12
Building Treated Building Treated as
according to RL Single Apartment Building
Family standards regardless of RL
standards
Occupancy Limits If each unit is treated as a If the entire building is
single family Residential treated as an apartment
Unit, then 3 unrelated building then 3 unrelated
people* would be allowed persons may occupy each
to live in each unit, for a unit, for a total of 12
total of 12 people people currently.AMC
currently.AMC 13.503(5)(e). This would
13.503(5)(b). This would not change after
not change after renovation.
renovation.
*AMC 29.201(72)(Single
Family defined as 3
unrelated people)
Parking Requirements If each unit is treated as a If the entire building is
single family unit, then treated as an apartment
there must be 2 off-street building, then currently
parking spaces for each each unit is required to
unit, for a total of 8 spaces have 1.5 spaces, for a total
currently.AMC of 6 spaces. AMC
29.406(2)(top of table). 29.406(2)(second row of
This would not change table).After implementing
after renovation. the proposed changes,the
property would be
required to have 8 parking
spaces.
Regardless of this appeal, the City of Ames could argue that 8 parking spaces are
currently required for the property because the property is located within an RL
Zone. 8 parking spaces may be required prior to the appeal and 8 parking spaces
may be required after approval. Thus,there is no increase in intensity.
Existing Units and Bedrooms
o Unit 1: 1
o Unit 2: 1
o Unit 3: 1
o Unit 4: 1
Units After Remodel and Bedrooms
o Unit 1: 1 (2 bedrooms according to City)
o Unit 2: 1
o Unit 3: 3
0 Unit 4: 1