[Ord. No. 777 §26-92, 3-23-1994]
B.
An
application for conditional use shall be submitted to the Planning
and Zoning Commission by filing a copy of the application with the
City Clerk at least fifteen (15) working days prior to the Commission
meeting. The Clerk shall transmit the application and all paper and
materials constituting the record to the Planning and Zoning Commission.
C.
The
Planning and Zoning Commission shall hear evidence concerning the
proposed conditional use at its next regularly scheduled hearing.
After all evidence has been presented, a vote shall be taken constituting
the Planning and Zoning Commission's recommendation to the Board of
Aldermen.
D.
In
making its recommendation to the Board of Aldermen, the Planning and
Zoning Commission shall consider the following:
E.
The
Planning and Zoning Commission may also recommend that specific conditions
be placed on the use to ensure that those criteria previously listed
will be adequately controlled to protect surrounding properties.
F.
The
Board of Aldermen shall act on the recommendation of the Planning
and Zoning Commission at its next regularly scheduled meeting. Any
new evidence not available to the Planning and Zoning Commission shall
be introduced at this time.
G.
In
making its decision, the Board of Aldermen shall consider the same
criteria as the Planning and Zoning Commission and may accept, remove
or add conditions as deemed necessary for the protection of surrounding
properties.
[Ord. No. 777 §26-93, 3-23-1994]
A.
The
lawful use of any building, structure or land existing at the effective
date of this Chapter may be continued although such use does not conform
with the provisions of this Chapter.
B.
A non-conforming
building or structure existing at the effective date of this Chapter
may be occupied as provided for in the following Subsection.
C.
Repairs
and alterations necessary for the general maintenance of a building
or structure may be made to a non-conforming building or structure,
provided that no structural alteration shall be made and, further
provided, that this Section shall never be construed to allow an addition
to a non-conforming building or structure. Structural alterations
and/or additions may be allowed in the event that the entire building
or structure is brought into conformance.
D.
Any
non-conforming building or structure which is damaged, partially or
fully destroyed by fire, flood, wind, explosion, earthquake or other
calamity or act of God shall not be repaired or rebuilt or used for
the same purpose if the expense of such repair or rebuilding exceeds
sixty percent (60%) of the replacement costs of the building or structure
at the time such damage took place. Any repair or replacement of a
building or structure damaged in excess of sixty percent (60%) of
its replacement cost at the time of such damage shall conform to all
regulations of the zoning district in which it is located.
E.
When
no structural alterations are made in any non-conforming building
or structure, the use of the building or structure may change from
one use to another, provided that the uses are similar to one another
and are allowable under the same zoning classification.
F.
When a non-conforming building or structure is vacant for a period of one (1) year, no portion of the building or structure may be used except in conformity with the regulations. This provision shall not apply to non-conforming buildings or structures that are for sale with the intent of same or similar use, nor shall it apply to buildings or structures which are being repaired or renovated in accordance with Subsection (E) above and, further provided, that such work proceeds and is completed in a timely fashion.
G.
A non-conforming
use may not be expanded whether the building or structure is conforming
or non-conforming. At such time as any non-conforming use changes
to a conforming use, such use, building or structure may not be used
except in conformity with the provisions of the zoning district in
which it is located.
H.
Whenever
the boundaries of a zoning district shall be changed so as to transfer
an area from one district to another district of a different classification
or when boundaries or districts are changed as a result of annexation
of new territory or changes in the regulations or restrictions of
the zoning regulations, the foregoing provisions shall also apply
to any uses existing therein which may so become non-conforming.
I.
Where
confusion or questions arise from the application of these provisions,
the Planning and Zoning Commission shall be responsible for providing
interpretations. Such interpretations shall be made at a regularly
scheduled meeting of the Planning and Zoning Commission and evidence
pertaining to such interpretation shall be heard.