Sidebar Planning and Zoning Code- Section 14

Online version is NOT official, it is only for use as a reference.
Official copies can be viewed or purchased at the
Department of Planning, Conservation, and Development.

Return to Zoning Code- Table of Contents

SECTION 14- NON-CONFORMING USES

14.01 GENERAL CONCEPT

  1. Non-Conforming Uses may continue to exist without any change, except as herein provided.
  2. With the approval of the Planning and Zoning Commission the use may be changed to another non-conforming use provided the new use is less intensive than the existing non-conforming use. In determining intensity, the Commission shall consider:
    1. the nature of the use as it relates to the current zoning;
    2. the number of customers anticipated and the duration of their stay;
    3. the hours of operation;
    4. traffic control and safety;
    5. available parking;
    6. anticipated noise levels; and
    7. any other considerations the Commission deems appropriate. In no case shall a non-conforming structure be expanded.
  3. If the non-conforming use is abandoned, with clear intent to abandon for any reason, any subsequent use shall conform to the regulations of the zone in which the land is located. Any use or structure which is destroyed by fire or natural causes may be rebuilt within a time period of twelve (12) months of destruction. (Amended effective 6/1/93)
14.02 NON-CONFORMING LOTS OF RECORD- In any zone permitting single family dwellings, a single family dwelling may be erected on a lot provided the lot has not less than fifty (50) feet of street frontage. This provision applies even if the lot does not meet area requirements of the zone. However, city water and sewer facilities must be available or if not the lot must be approved by the Department of Health for on site water and septic systems. Minimum yards for lots of record shall be as follows: side yards not less than ten (10) per cent of street frontage; rear yard not less than ten (10) feet; front yard as required by zone located in or as established by adjoining structures.

14.03 NON-CONFORMING PARCELS OF LAND WITH STRUCTURES- In any zone where there may have been structures built on parcels of land not in conformance with these regulations, it is in the best interest of this Code to attempt to mitigate the irregularities. For this purpose the Commission may accept recommendations from the Planning Director for a rearrangement of the parcel which will eliminate as many non-conforming features as circumstances permit. No new structures shall be authorized by the parcel rearrangement unless the new lots are in conformance with the current Code. The Commission shall recognize that there may be circumstances for which there is no mitigating arrangement possible.

14.04 USES UNDER SPECIAL EXCEPTION PROVISIONS NOT NON-CONFORMING USES- Any use which is permitted as a special exception in a zone under the terms of this Code shall not be deemed a non-conforming use in such a district, but shall without further action be considered a conforming use.

14.05 CHANGE TO A CONFORMING USE- Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone, and the non-conforming use may not thereafter be resumed.

14.06 ADDITIONS, EXPANSION, MOVING- No additional structure or enlargement or increase of land area or relocation in whole or in part of any non-conforming use shall be permitted.

14.07 REPAIRS AND MAINTENANCE- On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done for ordinary repairs. If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zone in which it is located.
(Revised effective 2/1/89)
Home ---> Departments ---> Planning ---> Planning and Zoning Code- Section 14