[Ord. No. 1142 §14, 12-8-2004]
Unless otherwise specifically provided or unless clearly required
by the context, the words and phrases defined in this Section shall
have the meaning indicated when used in this Chapter.
Whenever this Chapter refers to the effective date of this
Article, the reference shall be deemed to include the effective date
of any amendments to this Article if the amendment, rather than this
Article as originally adopted, creates a non-conforming situation.
A sum of money paid out in return for some benefit or to
fulfill some obligation. The term also includes binding contractual
commitments to make future expenditures, as well as any other substantial
changes in position.
A non-conforming situation that occurs when the height, size
or minimum floor area of a structure or the relationship between an
existing building or buildings and the other buildings or lot lines
does not conform to the regulations applicable to the zoning district
in which the property is located.
A lot existing on the effective date of this Article (and
not created for purposes of evading the restrictions of this Article)
that does not meet the minimum area requirement of the zoning district
in which the lot is located.
Any structure, development or undertaking that is incomplete
on the effective date of this Article and would be inconsistent with
one (1) or more of the regulations applicable to the zoning district
in which it is located if completed as proposed or planned.
A sign that on the effective date of this Article does not
conform to one (1) or more of the regulations set forth in this Article.
A non-conforming situation that occurs when on the effective
date of this Article an existing site improvement on a lot, including,
but not limited to, parking areas, storm drainage facilities, sidewalks
and landscaping, no longer conforms to one (1) or more of the regulations
of this Article applicable to the property.
A situation that occurs when on the effective date of this
Article an existing lot, structure or improvement or the use of an
existing lot, structure or improvement no longer conforms to one (1)
or more of the regulations applicable to the zoning district in which
the lot, structure or improvement is located.
A non-conforming situation that occurs when property is used
for a purpose or in any manner made unlawful by the use regulations
or development and performance standards applicable to the zoning
district in which the property is located. The term also refers to
the activity that constitutes the use made of the property.
[Ord. No. 1142 §14, 12-8-2004]
[Ord. No. 1142 §14, 12-8-2004]
A.
This
Section applies only to undeveloped non-conforming lots. A lot is
undeveloped if it has no substantial structures upon it. For purposes
of this Section, a "substantial structure" shall include any structure in excess of six hundred (600) square feet in floor area which was constructed for a use which was a principal use permitted in the zoning district at the time of construction. A change in use of a developed non-conforming lot may be accomplished only in accordance with Section 420.180.
B.
When
a non-conforming lot can be used in conformity with all of the regulations
applicable to the intended use, except that the lot is smaller than
the applicable requirements to that zoning district, then the lot
may be used as proposed just as if it were conforming. However, no
use that requires a greater lot size than the established minimum
lot size for a particular district is permissible on a non-conforming
lot.
C.
When
the use proposed for a non-conforming lot is one that is conforming
in all other respects but the applicable setback requirements cannot
be complied with, then the Board of Zoning Appeals (in the case of
a conventional zoning district) or the Planning Commission (in the
case of a planned zoning district) may allow deviations from the applicable
setback requirements if it finds that:
1.
Development of the property is not reasonably possible for the use
proposed without such deviations;
2.
The deviations are necessitated by the size or shape of the non-conforming
lot; and
3.
The property can be developed as proposed without any significant
adverse impact on surrounding properties or the public health or safety.
D.
For purposes of Subsection (C), development in compliance with the applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the non-conforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.
E.
Subject
to the following sentence, if, on the date this Article becomes effective,
an undeveloped non-conforming lot adjoins and has continuous frontage
with one (1) or more other undeveloped lots under the same ownership,
then neither the owner of the non-conforming lot nor his or her successors
in interest may take advantage of the provisions of this Section.
This Subsection shall not apply to a non-conforming lot if a majority
of the developed lots located on either side of the street where such
lot is located and within five hundred (500) feet of such lot are
also non-conforming. The intent of this Subsection is to require non-conforming
lots to be combined with other undeveloped lots to create conforming
lots under the circumstances specified herein, but not to require
such combination when that would be out of character with the neighborhood
that has previously been developed.
[Ord. No. 1142 §14, 12-8-2004]
A.
Except
as specifically provided in this Section, no person may engage in
any activity that causes an increase in the extent of non-conformity
of a non-conforming situation. In particular, physical alteration
of structures or the placement of new structures on open land is unlawful
if such activity results in:
B.
Subject to Subsection (D), a non-conforming use may be extended throughout any portion of a completed building that, when the use was made non-conforming by this Article, was manifestly designed or arranged to accommodate such use. However, except as otherwise provided in Section 420.210, a non-conforming use may not be extended to additional buildings or to land outside the original building.
C.
Except as otherwise provided in Section 420.210, a non-conforming use of open land may not be extended to cover more land than was occupied by that use when it became non-conforming; provided however, that a use that involves the removal of natural materials from the land may be expanded to other portions of the lot where the use was established at the time it became non-conforming if ten percent (10%) or more of the earth products had already been removed on the effective date of this Article and where the development and performance standards otherwise applicable to such a use are complied with.
D.
The
volume, intensity or frequency of use of property where a non-conforming
situation exists may be increased and the equipment or processes used
at a location where a non-conforming situation exists may be changed
if these or similar changes amount only to changes in the degree of
activity rather than changes in kind and no violations of other paragraphs
of this Section occur.
E.
Notwithstanding Subsection (A), any structure used as a one-family dwelling and maintained as a non-conforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new non-conformities or increase the extent of the existing non-conformities with respect to such matters as setback and parking requirements. This paragraph is subject to the limitations stated in Section 420.200.
[Ord. No. 1142 §14, 12-8-2004]
A.
Minor
repairs to and routine maintenance of structures where non-conforming
situations exist are permitted and encouraged. Major renovation, i.e.,
work estimated to cost more than fifty percent (50%) of the fair market
value of the structure to be renovated, shall not be permitted.
B.
If a structure located on a lot where a non-conforming situation exists is damaged by fire, explosion, act of God or the public enemy to an extent that the costs of repair or restoration would not exceed fifty percent (50%) of its fair market value, then the damaged structure may be repaired or restored only in accordance with a non-conforming situation permit issued by the Public Works Director pursuant to this Section. This Subsection does not apply to structures used for one-family dwellings, which structures may be reconstructed pursuant to a building permit just as they may be enlarged or replaced as provided by Subsection (E) of Section 420.160, except as otherwise provided in Chapter 460.
C.
Any
repairs, renovation or restoration of a structure pursuant to this
Section which would require the issuance of any permit shall also
require the issuance of a non-conforming situation permit by the Public
Works Director. In support of the application for such permit, the
applicant shall submit such information as may be required to satisfy
the Public Works Director that the cost of the proposed repairs, renovation
or restoration would not exceed fifty percent (50%) of the fair market
value of the structure.
D.
For
purposes of this Chapter:
1.
The "cost" of renovation or repair or restoration
shall mean the fair market value of the materials and services necessary
to accomplish such renovation, repair or restoration.
2.
The "cost" of renovation or repair or restoration
shall mean the total cost of all such intended work, and no person
may seek to avoid the intent of this Chapter by doing such work incrementally.
[Ord. No. 1142 §14, 12-8-2004]
B.
If
the intended change in use is to a principal use that is permissible
in the district where the property is located and all of the other
requirements of this Title applicable to that use can be complied
with, permission to make the change must be obtained in the same manner
as permission to make the initial use of a vacant lot.
Once conformity with this Title is achieved, the property may
not revert to its non-conforming status.
C.
If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this Article applicable to that use cannot reasonably be complied with, then the change is permissible only if the Planning Commission issues a non-conforming situation permit authorizing the change. This permit may be issued if the Planning Commission finds, in addition to any other findings that may be required by this Title, that the intended change will not result in a violation of Section 420.160 and that all of the applicable requirements of this Title will be complied with that are reasonably possible. Compliance with a requirement of this Title is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the non-conforming situation is maintained or without moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. Further, in no case may an applicant be given permission pursuant to this Subsection to construct a building or add to an existing building if additional non-conformities would thereby be created.
D.
In making a determination under Subsection (C), whenever:
1.
There exists a lot with one (1) or more structures on it, and
2.
A proposed change in use that does not involve any enlargement of
a structure is proposed for such lot, and
3.
The parking or loading requirements that would be applicable as a result of the proposed change cannot be satisfied on such lots because there is not sufficient area available on the lot that can practicably be used for parking or loading, then the proposed use shall not be regarded by the Planning Commission as resulting in an impermissible extension or enlargement of a non-conforming situation in violation of Section 420.160. However, if the proposed use is approved, the applicant shall be required to comply with all applicable parking and loading requirements than can be satisfied without acquiring additional land and shall also be required to obtain off-site parking if parking requirements cannot be satisfied on the lot with respect to which the site development permit is required and such off-site parking is reasonably available. If such off-site parking is not reasonably available at the time the non-conforming situation permit is granted, then the permit recipient shall be required to obtain it if and when it does become reasonably available. This requirement shall be a continuing condition of the non-conforming situation permit.
E.
A non-conforming
use of land for outdoor storage may not be continued.
[Ord. No. 1142 §14, 12-8-2004]
A.
On
lots with non-conforming site improvements, no additions to or repairs
or renovations of any structure or site improvement may be made without
first either bringing the non-conforming site improvements into complete
conformity with the regulations applicable to the zoning district
in which the lot is located or obtaining a non-conforming situation
permit pursuant to this Section. Provided however, that this Section
shall not apply to the following circumstances:
B.
For
purposes of this Section, "minor repairs or renovation" shall mean repairs or renovation costs which do not exceed ten percent
(10%) of the structural value of a structure or site improvement.
C.
When
an addition to or repairs or renovation of any structure or site improvement
is proposed on a lot with a non-conforming site improvement(s), the
Board of Zoning Appeals (in the case of a conventional zoning district)
or the Planning Commission (in the case of a planned zoning district)
may approve a non-conforming situation permit allowing such addition
or repairs or renovation if it finds that:
1.
The non-conforming site improvement(s) is the only non-conforming
situation pertaining to the property.
2.
Compliance with the site improvement requirements applicable to the
zoning district in which the property is located is not reasonably
possible.
3.
The property can be developed as proposed without any significant
adverse impact on surrounding properties or the public health or safety.
[Ord. No. 1142 §14, 12-8-2004]
A.
When
a non-conforming use is discontinued for a consecutive period of one
hundred eighty (180) days or discontinued for any period of time without
a present intention to reinstate the non-conforming use, the property
involved may thereafter be used only for conforming purposes.
B.
If
the principal activity on property where a non-conforming situation
other than a non-conforming use exists is discontinued for a consecutive
period of one hundred eighty (180) days or discontinued for any period
of time without a present intention of resuming that activity, then
the property may thereafter be used only in conformity with all of
the regulations applicable to the pre-existing use unless the Board
of Zoning Appeals (in the case of a conventional zoning district)
or the Planning Commission (in the case of a planned zoning district)
issues a permit to allow the property to be used for this purpose
without correcting the non-conforming situations. Such permit may
be issued if the permit-issuing authority finds that eliminating a
particular non-conformity is not reasonably possible (i.e., cannot
be accomplished without adding additional land to the lot where the
non-conforming situation is maintained or without moving a substantial
structure that is on a permanent foundation). The permit shall specify
which non-conformities need not be corrected.
C.
For
purposes of determining whether a right to continue a non-conforming
situation is lost pursuant to this Section, all of the buildings,
activities and operations maintained on a lot are generally to be
considered as a whole. For example, the failure to rent one (1) apartment
in a non-conforming apartment building for one hundred eighty (180)
days shall not result in a loss of the right to rent the apartment
or space thereafter so long as the apartment building as a whole is
continuously maintained. But if a non-conforming use is maintained
in conjunction with a conforming use, discontinuance of a non-conforming
use for the required period shall terminate the right to maintain
it thereafter.
D.
When
a structure or operation made non-conforming by this Article is vacant
or discontinued on the effective date of this Article, the one hundred
eighty (180) day period for purposes of this Section begins to run
on the effective date of this Article.
[Ord. No. 1142 §14, 12-8-2004]
A.
All
non-conforming projects on which construction was begun at least one
hundred eighty (180) days before the effective date of this Article
as well as all non-conforming projects that are at least ten percent
(10%) completed in terms of the total expected cost of the project
on the effective date of this Article may be completed in accordance
with the terms of their permits, so long as those permits were validly
issued and remain unrevoked and unexpired and a vested rights permit
is obtained from the Director of Public Works. If a development is
designed to be completed in stages, this Subsection shall apply only
to the particular phase under construction.
B.
Except as provided in Subsection (A), all work on any non-conforming projects shall cease on the effective date of this Article and all permits previously issued for work on non-conforming projects may begin or may be continued only pursuant to a vested rights permit issued in accordance with this Section by the Planning Commission. The Planning Commission shall approve such a permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his or her position in some substantial way in reasonable reliance on the development regulations as they existed before the effective date of this Article and thereby would be unreasonably prejudiced if not allowed to complete its project as proposed. In considering whether these findings may be made, the Planning Commission shall be guided by the following, as well as other relevant considerations:
1.
All expenditures made to obtain, or pursuant to, a validly issued
and unrevoked building, land disturbance, site development or sign
permit shall be considered as evidence of reasonable reliance on the
development regulations that existed before the effective date of
this Article.
2.
Except as otherwise provided in Subsection (B)(1), no expenditures made more than one hundred eighty (180) days before the effective date of this Article may be considered as evidence of reasonable reliance on the development regulations that existed before the effective date of this Article. An expenditure is made at the time a person incurs a binding obligation to make that expenditure.
3.
To the extent that expenditures are recoverable with a reasonable
effort, a person shall not be considered prejudiced by having made
those expenditures. For example, a person shall not be considered
prejudiced by having made some expenditure to acquire a potential
development site if the property obtained is approximately as valuable
under the new classification as it was under the old, for the expenditure
can be recovered by a resale of the property.
4.
To the extent that a non-conforming project can be made conforming
and that expenditures made or obligations incurred can be effectively
utilized in the completion of a conforming project, a person shall
not be considered prejudiced by having made such expenditures.
5.
An expenditure shall be considered substantial if it is significant
in dollar amount and in terms of the total estimated cost of the proposed
project and the ordinary business practices of the developer.
6.
A person shall be considered to have acted in good faith if actual
knowledge of a proposed change in the development regulations affecting
the proposed development site could not be attributed to such person.
7.
Even though a person had actual knowledge of a proposed change in
the development regulations affecting a development site, the Planning
Commission may still find that such person acted in good faith if
such person did not proceed with his plans in a deliberate attempt
to circumvent the effects of the proposed ordinance. For example,
the Planning Commission may find that the developer did not proceed
in an attempt to undermine the proposed ordinance if it determines
that at the time the expenditures were made, either there was considerable
doubt about whether any ordinance would ultimately be passed or it
was not clear that the proposed ordinance would prohibit the intended
development and the developer had legitimate business reasons for
making expenditures.
C.
When it appears from the developer's plans or otherwise that a project was intended to be or reasonably could be completed in phases, stages, segments or other discrete units, the developer shall be allowed to complete only those phases or segments with respect to which the developer can make the showing required under Subsection (B). In addition to the matters and subject to the guidelines set forth in Subdivisions (1) through (6) of Subsection (B), the permit-issuing authority shall, in determining whether a developer would be unreasonably prejudiced if not allowed to complete phases or segments of a non-conforming project, consider the following in addition to other relevant factors:
1.
Whether any plans prepared or approved regarding uncompleted phases
constitute conceptual plans only or construction drawings based upon
detailed surveying, architectural or engineering work.
2.
Whether any improvements, such as streets or utilities, have been
installed in phases not yet completed.
3.
Whether utilities and other facilities installed in completed phases
have been constructed in such a manner or location or to such a scale,
in anticipation of connection to or interrelationship with approved
but uncompleted phases, that the investment in such utilities or other
facilities cannot be recouped if such approved but uncompleted phases
are constructed in conformity with existing regulations.
D.
The Planning Commission shall not consider any application for a vested rights permit authorized by Subsection (B) that is submitted more than sixty (60) days after the effective date of this Article. The Planning Commission may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one (1) year from the effective date of this Article.
E.
The
Planning Commission shall establish expedited procedures for hearing
applications for permits under this Section.
F.
Notwithstanding the provisions of Subsections (A) and (B) above, development rights for a single-family residential development shall vest upon the recording of a plat of such land. If construction is not commenced on such land within five (5) years of recording a plat, then the development rights in the project shall expire.
[Ord. No. 1142 §14, 12-8-2004; Ord. No. 1259 §1, 5-21-2008; Ord. No. 1456 § 14, 4-19-2017; Ord. No. 1480, 6-20-2018]
A.
Subject to the provisions of this Section and Section 420.200, non-conforming signs that were otherwise lawful on the effective date of this Article may be continued.
B.
No person may engage in any activity that causes an increase in the
extent of non-conformity of a non-conforming sign. Without limiting
the generality of the foregoing, no non-conforming sign may be enlarged
or altered in such a manner as to aggravate the non-conforming condition,
nor may illumination be added to any non-conforming sign.
C.
A non-conforming sign may not be moved or replaced and the message
may not be changed, except to bring the sign into complete conformity
with this Article, and except for "sign maintenance" as defined in Section 430.020. In conducting "sign maintenance" to a non-conforming sign, a new sign permit is required.
D.
Non-conforming signs may be maintained and repaired so long as the
cost of such work within any twelve-month period does not exceed fifty
percent (50%) of the fair market value of such sign. No such work
shall be done without the person proposing to do such work submitting
information reasonably required by the City to establish the cost
of the work and the value of the sign.
E.
If a non-conforming sign other than a billboard advertises a business,
service, commodity, accommodation, attraction or other enterprise
or activity that is no longer operating or being offered, or conducted,
that sign shall be deemed abandoned and shall be removed (including
support structure) by the sign owner, owner of the property where
the sign is located or other person having control over such sign
within thirty (30) days after such abandonment.
F.
If a non-conforming billboard remains blank for a continuous period
of one hundred eighty (180) days, that billboard shall be deemed abandoned
and shall, within thirty (30) days after such abandonment, be altered
to comply with this Article or be removed by the sign owner, owner
of the property where the sign is located or other person having control
over such sign. For purposes of this Section a sign is "blank" if:
[Ord. No. 1142 §14, 12-8-2004]
A.
Subject
to the remaining restrictions of this Section, non-conforming utility
structures that were in existence on the effective date of this Article
may be continued provided documentation outlining the size and location
of the structures has been provided by the City prior to May 1, 2006.
B.
Subject
to the other provisions of this Section, non-conforming utility structures
may be maintained, repaired or replaced. A non-conforming utility
structure may be altered or replaced with an alternate structure in
the same location, provided the resulting structure does not increase
the size of the pre-existing structure by more than twenty percent
(20%) in volume and, further provided, that no new non-conforming
situations are created.
C.
Non-conforming
utility structures may not be moved, except to bring the structure
into complete conformity with this Article.
