(a)

Authority. The city council may, by ordinance, amend, supplement, change, modify or repeal the Unified Development Ordinance and the zoning district boundaries.

(b)

Initiation of amendments. Zoning map amendments may be initiated by the city council, the planning commission or upon application by the owner of a property proposed to be affected. Text amendments may be initiated by the city council or the planning commission.

(c)

Pre-application conference. Prior to filing of an application for a zoning map amendment, the applicant must attend a pre-application conference.

(d)

Applications. When the owner of the property affected initiates an amendment to the district boundaries, an application for such amendment must be obtained from the community development director. The application must be completed in its entirety and filed with the community development director so that a public hearing date can be established.

(e)

Submission requirements. Five copies of the map amendment shall be submitted in support of the application.

(f)

Memorandum of understanding. A memorandum of understanding (MOU) may be required by the city for any zoning map amendment request.

(UDC 2010, § 22.1; Ord. No. 2011-3752, § 1, 9-27-2011; Ord. No. 2018-4436, § 2, 5-15-2018)

(a)

Planning commission public hearing. All proposed text and map amendments must be submitted to the planning commission for review and recommendation. The planning commission must hold a public hearing on the application. The public hearing must be held at the next regular meeting of the planning commission for which the application may be scheduled given public notice deadlines, unless the applicant has consented to an extension of this time period. All means of public notice shall follow the standards in section 20-7.

(b)

Planning commission recommendation. Upon conclusion of the public hearing, the planning commission will submit a recommendation to the city council to approve, approve with modifications or deny the proposed amendment. If no majority vote of the full membership of the planning commission can be obtained on a recommendation to be made, the application will be forwarded to the city council with no recommendation. The planning commission must submit its recommendation along with a record of the public hearing thereon, to the city council. The planning commission may include reasonable conditions as a part of its recommendations.

(c)

City council action.

(1)

The city council must consider the request for an amendment within 60 days of receipt of written recommendation of the planning commission. Upon receipt of the recommendation of the planning commission and any protest petitions that have been submitted, the city council must consider the application and may take final action to approve or deny it.

(2)

If final action is not taken by the city council within 120 days after the recommendation of the planning commission is submitted to it, the proposed amendment will be deemed to have been defeated and denied, unless the applicant has consented to an extension of this time period. Whenever a proposed amendment is defeated, either by vote of the city council or by inaction described in this section, such amendment cannot be passed without another public hearing that is noticed in accordance with this chapter.

(3)

If the city council approves an application, it will adopt an ordinance to that effect. If the Official Zoning Map has been changed, the amending ordinance will define the change or boundary as amended, will order the Official Zoning Map to be changed to reflect such amendment and will amend the section of the Unified Development Code incorporating the same and reincorporate the zoning map as amended.

(4)

Whenever a proposed map amendment is denied, a map amendment for the same lot or parcel shall not be filed by the same applicant for at least one year.

(UDC 2010, § 22.2; Ord. No. 2011-3752, § 1, 9-27-2011; Ord. No. 2018-4436, § 2, 5-15-2018; Ord. No. 2021-4672, § 3, 11-30-2021; Ord. No. 2023-4789, § 1, 7-25-2023)

(a)

Findings of fact for map amendments (rezoning) In their deliberation of a request, the planning commission and city council may give consideration to the criteria stated below, to the extent they are pertinent to the particular application:

(1)

The character of the surrounding neighborhood, including the existing uses and zoning classification of properties near the subject property;

(2)

The physical character of the area in which the property is located;

(3)

Consistency with the goals and objectives of the comprehensive plan and other plans, codes and ordinances of the City of Belton;

(4)

Suitability of the subject property for the uses permitted under the existing and proposed zoning districts;

(5)

The trend of development near the subject property, including changes that have taken place in the area since the subject property was placed in its current zoning district;

(6)

The extent to which the zoning amendment may detrimentally affect nearby property;

(7)

Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested zoning map amendment;

(8)

The suitability of the property for the uses to which it has been restricted under the existing zoning regulations;

(9)

The length of time (if any) the property has remained vacant as zoned;

(10)

Whether the proposed zoning map amendment is in the public interest and is not solely in the interests of the applicant; and

(11)

The gain, if any, to the public health, safety and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.

(12)

The planning commission and the city council may also consider other factors that may be relevant to a particular application.

(b)

Findings of fact for text amendment. In their deliberation of a request, the planning commission and city council may take into consideration the following:

(1)

Whether such change is consistent with the intent and purpose of the Unified Development Code and plans adopted by the City of Belton;

(2)

Whether the proposed text amendment corrects an error or inconsistency in the Code;

(3)

The areas which are most likely to be directly affected by such change and in what way they will be affected;

(4)

Whether the proposed amendment is made necessary because of changed or changing conditions in the areas and/or zoning districts affected by it; and

(5)

Whether the proposed text amendment is in the best interests of the city as a whole.

(c)

Protest. In the event that a protest petition against any application for a zoning map amendment is presented to the city clerk prior to the date scheduled for the city council to take action and is properly signed and notarized by the deeded owners of 30 percent or more of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be changed, such amendment will not become effective except by the favorable vote of two-thirds of all the members of the city council.

(UDC 2010, § 22.3; Ord. No. 2011-3752, § 1, 9-27-2011)

(a)

Purpose. The purpose of a Planned Unit Development (PUD) District is to encourage the unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof in accordance with an approved comprehensive development plan. This district provides for greater flexibility in the design of buildings, yards, courts, and circulation that is provided by other districts.

(b)

Pre-application conference. Prior to filing of an application for a planned unit development, the applicant must attend a pre-application conference.

(c)

Preliminary plan applications. An application for a planned unit development may be obtained from the community development director. The application must be completed in its entirety and filed with the community development director so that a public hearing date can be established.

(d)

Submission requirements. Five copies of the planned unit development (PUD) shall be submitted in support of the application.

(e)

Memorandum of understanding or development agreement. A memorandum of understanding (MOU) or development agreement shall be prepared for all planned unit development applications. The MOU/development agreement will be prepared by the city and included with the application when submitted to the planning commission for consideration. The applicant shall sign the MOU/development agreement prior to submittal of the application of the city council.

(f)

Procedure.

(1)

Planning commission public hearing. All proposed planned unit developments first must be submitted to the planning commission for review and recommendation. The planning commission must hold a public hearing on the application. The public hearing must be held at the next regular meeting of the planning commission for which the application may be scheduled given public notice deadlines, unless the applicant has consented to an extension of this time period. The community development director or other appointed official as designated by the planning commission must prepare a written summary of the proceedings, and give notice of the hearing.

(2)

Planning commission recommendation. Upon conclusion of the public hearing, the planning commission will submit a recommendation to the city council to approve, approve with modifications or deny the proposed planned unit development. If no majority vote of the full membership of the commission can be obtained on a recommendation to be made, the application will be forwarded to the city council with no recommendation. The commission must submit its recommendation along with a record of the public hearing thereon, to the city council. The planning commission may include reasonable conditions as a part of its recommendations.

(3)

City council review. The Belton City Council shall review the application and approve, approve with modifications or deny the application.

(UDC 2010, § 22.4; Ord. No. 2011-3752, § 1, 9-27-2011)

(a)

Preliminary development plan.

(1)

A preliminary development plan application shall be submitted for the following situations:

a.

Rezoning of a property greater than five acres in size, located in any zoning district except for A, R-1, R-1A, and R-1B zoning districts or rezoning of any property to a PUD, regardless of property size. A preliminary development plan shall be submitted and reviewed by the planning commission and governing body simultaneously with the rezoning of the property. The preliminary development plan requirement may be waived for a property greater than five acres in size when the property is already developed and the purpose of the rezoning is to bring an existing use into or closer to compliance with this Code.

b.

The development of any non-residential land use in A, R-1, R-1A, or R-1B zoning district, regardless of property size.

c.

The development of any vacant property or redevelopment of any property over five acres, except for A, R-1, R-1A, and R-1B zoning.

d.

A change in the primary use of a property that negatively impacts traffic circulation or significantly intensifies traffic generation necessitating the formation and approval of a development agreement by and between the governing body for identified traffic improvements.

e.

A substantial change to an approved preliminary development plan, as defined in this section.

(2)

A preliminary development plan is not required for the following situations:

a.

A city-initiated rezoning of any property.

b.

The rezoning of property to A, R-1, R-1A, or R-1B zoning districts or for any residential development in A, R-1, R-1A, or R-1B zoning districts, provided no deviations, modifications, or waivers are requested from this Code.

c.

A building addition onto an existing building that did not require a preliminary development plan, provided that a substantial change would not be created as defined in this section.

(3)

A substantial change to a preliminary development plan shall include one or more of the following situations:

a.

A change in construction or development phases that will have a negative impact on traffic or stormwater or lead to a different development concept.

b.

An increase in the intensity of the plan—An increase in ten percent of the density for a residential project or an increase of ten percent of the building footprint or floor area for a non-residential project.

c.

An increase in the height of any building by more than five feet.

d.

A decrease of any setback of more than ten percent.

e.

A decrease of any areas devoted to open space of more than ten percent, the substantial relocation of open space areas, or the reduction of amenities or open space features.

f.

Changes to the architectural style or design that will make the project less compatible with adjacent land uses.

g.

Modification or removal of any conditions approved with the preliminary development plan.

(4)

A request to deviate from, modify, or waive one or more applicable regulations, restrictions, or standards within this Code through the alternative development standards process may be requested with a preliminary development plan.

(5)

Application and plan submission requirements shall be maintained by the community development director and may be updated periodically to ensure plans and supporting documents adequately address all items of concern that are consistent with adopted codes and plans. Plans and supporting documents are used to complete the plan review and form an appropriate recommendation to review and decision-making bodies.

(6)

An approved preliminary development plan shall remain in effect if a final development plan for at least one development phase is approved within two years of the date of approval. If a final development plan is not approved within two years, the preliminary development plan shall expire and the plan shall be deemed abandoned. If a final development plan is approved for the first or only phase, but expires, the preliminary development plan shall expire and the plan shall be deemed abandoned. A preliminary development plan for a planned unit development shall not expire.

(b)

Final development plan.

(1)

A final development plan application shall be submitted for the following situations:

a.

The development of any property for which a preliminary development plan has been approved and no substantial changes, as defined in this section, are proposed.

b.

The development of any property that is less than five acres in size, except for residential land uses in A, R-1, R-1A, or R-1B zoning districts and not within a PUD.

c.

A building addition onto an existing building that did not require a preliminary development plan, provided that a substantial change would not be created as defined in this section. When a building addition is proposed that is subject to special use permit approval, the site plan accompanying the special use permit may fulfill the final development plan requirement.

d.

Common open space and amenity plan where required for residential subdivisions zoned A, R-1, R-1A, or R-1B.

(2)

A final development plan is not required for the following situations:

a.

Renovation of existing developed sites and buildings where no changes to the site layout or building footprint are proposed and any increase in intensity of the land use does not necessitate or require additional access, parking, or other expansions that may impact the public right-of-way or adjacent properties.

(3)

A request to deviate from, modify, or waive one or more applicable regulations, restrictions, or standards within this Code through the alternative development standards process may be requested with a final development plan.

(4)

Application and plan submission requirements shall be maintained by the community development director and may be updated periodically to ensure plans and supporting documents adequately address all items of concern that are consistent with adopted codes and plans. Plans and supporting documents are used to complete the plan review and form an appropriate recommendation to review and decision-making bodies.

(5)

An approved final development plan shall remain in effect if a building permit for the approved plan is issued within two years of the date of approval. If a building permit is not issued within two years, the final development plan shall expire and the plan shall be deemed abandoned. No development shall take place on the property until a new final development plan has been approved, or in the case that the final development plan was for the first or only phase of an approved development plan, the project shall require a new preliminary development plan prior to submittal of a final development plan. A preliminary development plan for a planned unit development shall not expire, though a final development plan is subject to the above expiration schedule.

(c)

Findings of fact.

(1)

A preliminary development plan and final development plan shall be reviewed under the following criteria, to the extent they are pertinent to the application:

a.

The plan complies with all applicable standards of this Code and all other applicable city ordinances and policies, except as otherwise requested through a PUD, alternative development standard, or variance.

b.

The plan does not conflict with the adopted plans of the city or the purpose and intent of this Code.

c.

The proposed use is allowed in the zoning district in which it is located.

d.

Vehicular ingress and egress to and from the site, and circulation within the site provides for safe, efficient, and convenient movement within the site and on adjacent roadways.

e.

The plan provides for safe, efficient, and convenient movement of pedestrians on and to the site.

f.

The arrangement of structures and buildings on the site allows for the efficient use of the land, is compatible with development on adjacent properties, and minimizes potential adverse impacts on existing or planned municipal infrastructure and services.

g.

Open space and natural features on the site are arranged in such a way that unique natural resources are preserved and creates a desirable and functional environment for site users.

h.

The plan avoid unnecessary or unreasonable alterations to existing topography, preserves existing healthy, mature trees and woodlands, and designs drainage facilities to promote the use and preservation of natural watercourses.

i.

Provides adequate parking for the use, including logical and safe parking and circulation.

j.

Provides landscaping and screening as required by this Code that creates logical transitions to adjoining uses, screens incompatible uses, minimizes the visual impact of the development on adjacent roads and properties, and utilizes native plant materials selected to withstand the local climate and individual site microclimates.

k.

Includes site illumination that has been designed and located to minimize adverse impacts on adjacent properties.

(d)

Appeals.

(1)

A decision on a final development plan by the planning commission may be appealed to the city council, subject to the following process:

a.

The applicant shall notify the community development director in writing of their intent to appeal within ten days of the date the decision was made by the planning commission.

b.

The community development director will schedule the appeal for the next regularly scheduled city council meeting provided it is at least 15 days after the date the appeal was filed.

(UDC 2010, § 22.5; Ord. No. 2011-3752, § 1, 9-27-2011; Ord. No. 2022-4741, § 1, 9-27-2022; Ord. No. 2025-4912, § 4 (Exh. D), 4-29-2025)

(a)

Alternative development standards.

(1)

Requests to deviate from, modify, or waive one or more applicable regulations, restrictions, or standards through the preliminary or final development plan, special use permit, or platting process shall be known as an "alternative development standard." The purpose of the alternative development standard process is to streamline the review of development projects in which a preliminary or final development plan is already required. Alternative development standards may only be requested through a preliminary or final development plan, special use permit, or plat application if associated with new or redevelopment of an existing property, unless otherwise deemed eligible by this Code. Alternative development standards are not intended to replace the variance or PUD process and are intended to be only utilized for minor deviations, modifications, or waivers. The director shall have the authority to determine if a request for alternative development standards is more appropriate to be processed as a variance or a PUD. Requests for alternative development standards are limited to the following chapters and sections within this Code:

a.

Chapter 4—Accessory uses and structures.

b.

Chapter 6—Agricultural and residential zoning districts.

c.

Chapter 12—Commercial, industrial, parks, recreation and public use zoning districts.

d.

Chapter 18—General use regulations-Limited to dimensional and design standards only.

e.

Chapter 22—Landscaping and screening.

f.

Chapter 26—Parking, loading and access.

g.

Chapter 28—Performance standards.

h.

Chapter 30—Signs.

i.

Chapter 36—Subdivision regulations.

j.

Chapter 40—Use-specific standards - residential, commercial, other—Limited to conditions or restrictions for conditional or special use standards only.

(2)

Alternative development standards shall not be utilized to expand or restrict land uses permitted within a zoning district or to make requests for alternative development standards where it is made clear in a chapter or section above that a deviation, modification, or waiver is not permitted.

(3)

The planning commission or city council shall have the authority to approve, conditionally approve, or deny any requests for an alternative development standard.

(4)

Approval of an alternative development standard to any eligible chapter or section, except for chapter 30 (signs), shall be reviewed by the following criteria:

a.

The proposed alternative development standard(s) will better serve the public interest than strictly adhering to the Code.

b.

The proposed alterative development standard(s) will be consistent with the objectives, policies, and general land uses and programs in the city's comprehensive plan and any other adopted plans.

c.

The proposed alternative development standard(s) is consistent with other provisions of this Code.

d.

The location, size, design, and operating characteristics of the proposed alternative development standard(s) will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity.

e.

The proposed alternative development standard(s) will not result in conditions or circumstances contrary to the public health, safety, and general welfare.

(5)

Approval of an alternative development standard to chapter 30 (signs) shall be reviewed by the following criteria:

a.

The proposed signage complies with the general purpose and intent of the Code.

b.

The proposed signage is appropriate for the site based on the site location, location of the signage on the property, size of the signage (height and area), and type and design of signage.

c.

The proposed signage will not adversely affect neighboring property owners or residents and is consistent or compatible with the image and aesthetics of the area, including any adverse impact the proposed signage will have on the visibility of adjacent signage in conformance with the Code.

d.

The proposed signage will not adversely affect the public health, safety, or welfare, including but not limited to, traffic on adjacent streets, based on signage design and location.

e.

The proposed signage, including the number of signs, does not significantly clutter or negatively impacts the visual landscape of the area.

f.

The proposed signage is warranted by unique conditions of the site, such as topography, line-of-sight, natural features, or other factors that limit the visibility of signage for the site.

(Ord. No. 2022-4741, § 1, 9-27-2022; Ord. No. 2023-4789, § 2, 7-25-2023)

Editor's note— Ord. No. 2022-741, § 1, adopted Sep. 27, 200X, repealed the former § 20-6, and enacted a new § 20-6 as set out herein. The former § 20-6 pertained to final development plans and derived from the 2010 UDC; Ord. No. 2011-3752, adopted Sep. 27, 2011.

(a)

Required public notice. Notice of a public hearing is required for the following application types:

(1)

Unified Development Code text amendments;

(2)

Vacation of right-of-way or easement;

(3)

Special use permit;

(4)

Variance;

(5)

Rezoning;

(6)

Preliminary development plan; and

(7)

Planned unit development.

(b)

Newspaper public notice. A notice of public hearing must be published in a newspaper of general circulation in the city at least 15 days prior to the public hearing date. The public notice shall provide the time, place, and purpose of the public hearing.

(c)

Notice to surrounding property owners. A notice of public hearing shall be sent by regular mail to the last known property owner of record to all properties within 185 feet of the property boundaries of the application under consideration at least 15 days prior to the public hearing date. The mailed notice shall provide the time, place, and purpose of the public hearing. Failure to receive mailed notice shall not invalidate any action taken on the application.

(d)

Posting of public hearing sign. A notice of public hearing sign shall be posted on the premises of the property for which the application is under consideration at least 15 days prior to the public hearing date. The sign shall be provided to the applicant by the city for posting. The sign shall be placed in a location that is readily visible to the public. The applicant shall make a good faith effort to maintain the sign on the property for at least 15 days prior to the public hearing. The sign shall not be removed until after all proceedings have been completed or the application is withdrawn.

(Ord. No. 2023-4789, § 4, 7-25-2023)

(a)

Authority. The community development director will have the authority to make written interpretations of this Code.

(b)

Request for interpretation. Requests for written interpretations of this Code must be submitted to the community development director.

(c)

Procedure. Within ten working days of receipt of a written request for interpretation, the community development director will:

(1)

Review and evaluate the request for an interpretation with the purpose and intent of this Code and consistency with the comprehensive plan and any other relevant documents;

(2)

Consult with other staff, as necessary;

(3)

Request additional information or documentation, as necessary; and

(4)

Render a written interpretation.

(d)

Notice of decision. Written notice of the decision will be provided to the applicant within five days of the decision and a copy will be filed in the official record of interpretations.

(e)

Official record of interpretations. An official record of interpretations will be kept on file by the community development director. The record of interpretations will be available for public inspection during normal business hours.

(f)

Appeals. Appeals of the community development director's written interpretation may be taken to the board of zoning adjustment in accordance with stated procedures. If the appeal results in a change of interpretation, the new interpretation will be filed in the official record of interpretations.

(UDC 2010, § 22.7; Ord. No. 2011-3752, § 1, 9-27-2011)

(a)

Within the zoning districts established by this Code or its subsequent amendment, there exist lots; structures; uses of land; uses of structures; uses of land and structures in combination; and characteristics of use, which were lawful before this Code was adopted or amended, but which would now be prohibited, regulated or restricted under the terms of this Code or its subsequent amendment. Such instances shall hereafter be considered lawful nonconformities.

(b)

The intent of this chapter is to clarify the effect of such nonconforming status and avoid their confusion with illegal buildings and uses. These regulations recognize the interests of land owners in continuing to use and maintain their properties for uses and activities that were lawfully established. The regulations also seek to encourage continued maintenance, rehabilitation and reuse of existing buildings and structures. However, these regulations also place limitations on nonconformities that have the potential to adversely affect surrounding properties.

(UDC 2010, § 22.8)

(a)

A nonconforming lot of record is a tract of land designated on a duly recorded subdivision plat, by a duly recorded deed or by other lawful means that does not comply with the minimum lot area or lot width regulations of the zoning district in which it is located. Non nonconforming lot of record may be improved except in compliance with this section.

(b)

Any nonconforming lot of record may be developed with a use that is permitted within the applicable zoning district, if it meets the following criteria:

(1)

The lot can meet all other bulk and density requirements for the zoning district in which it is located; and

(2)

Utilities servicing the lot can be connected to a public sewer system or the lot can meet the minimum sanitary and storm sewer requirements of the city.

(UDC 2010, § 22.9)

Buildings or structures that were lawfully constructed prior to the adoption of this Code, but which could not be constructed under the terms of this Code by reason of restriction on area, lot coverage, height, setbacks, location on the lot or other requirements concerning structures, shall hereafter be considered lawful nonconforming structures. As such, they may continue to exist so long as they remain otherwise lawful, provided that no reconstruction, enlargement or alteration of said structures shall occur that will increase their nonconformity except as otherwise provided in this Code. However, any lawful nonconforming structure or portion thereof may be altered to reduce its nonconformity.

(UDC 2010, § 22.10)

(a)

Nonconforming uses of land. Any use of land, which was lawfully established in accordance with the zoning requirements in effect at the time of the use's establishment but that would not be permitted under the terms of this Code. As such, it may be continued so long as it remains otherwise lawful and provided that no enlargement, increase or extension of the lawful nonconforming use of land occurs so that a greater area of land is occupied than was occupied at the time of the adoption of this Code, and that no additional structures or additions to the structures existing at the time of the adoption of this Code shall be constructed on the same zoning lot. Further, no such lawful nonconforming use of land shall be moved or relocated in whole or in part to any other portion of the zoning lot on which it is located than that portion occupied at the time of the adoption of this Code. If any lawful nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, any subsequent use of such land shall conform to the terms of this Code.

(b)

Nonconforming uses of structures.

(1)

Any use of a structure with a replacement cost of $1,000.00 or more which would not be permitted under the terms of this Code but was lawfully existing at the time of adoption of this Code shall hereafter be considered a lawful nonconforming use of that structure. As such, it may be continued so long as it remains otherwise lawful and provided that the structure in which the lawful nonconforming use is located shall not be enlarged, extended, constructed, reconstructed, moved, relocated or structurally altered except in changing the use to a permitted use in the district in which it is located or as otherwise provided for this Code.

(2)

However, a lawful nonconforming use may be extended throughout any parts of the structure in which it is located where said structure or parts thereof were manifestly arranged or designed for such use at the time of the adoption of this Code, but no lawful nonconforming use of a structure shall be extended to occupy any land outside such structure. If any lawful nonconforming use of a structure is discontinued for any reason for a period of 12 continuous months or more, such structure shall only thereafter be used in conformity with the terms of this Code.

(c)

Nonconforming uses of land and structures in combination. Any use of land in combination with a structure which would not be permitted under the terms of this Code but was lawfully existing at the time of the adoption of this Code but was lawfully existing at the time of the adoption of this Code shall hereafter be considered a lawful nonconforming use of land and structure in combination. As such, it may continue so long as it remains otherwise lawful and provided the use complies with the provisions of this Code.

(d)

Nonconforming characteristics of use. When an otherwise lawful existing use is permitted generally in any given zoning district but where, due to the adoption of this Code, required off-street parking, paving of parking area, landscaping, screening and similar regulations are not provided, such deficiencies attributable to the use shall be considered lawful, nonconforming characteristics of such use. Said deficiencies shall be brought into conformance when the use or structure is expanded, enlarged or the intensity is increased, even though the use itself is permitted generally.

(UDC 2010, § 22.11)

(a)

If a nonconforming building or structure is damaged or destroyed by fire, explosion, flood, or other means that is not within control of the property owner or tenant to an extent of more than 60 percent of the assessed value of the building or structure, it may not be reestablished except in conformance with the provisions of this Code, and any associated use must also comply with this Code. This provision does not apply to single-family dwellings which may be fully reestablished in any zoning district in compliance with subsection (b) of this section.

(b)

If a nonconforming building or structure is damaged or destroyed by any means not within control of the property owner or tenant to an extent of 60 percent or less of the development value, it may be repaired, reconstructed or restored provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair or reconstruction within six months of the date of damage or destruction, and the construction must be initiated within one year of issuance of the building permit and diligently pursued. If a building permit is not obtained within six months or the repairs or restoration are not initiated within one year of the issuance of the building permit, and diligently pursued, then the building or structure and use may be reestablished only if it complies with this Code.

(c)

In the event that any nonconforming building or structure is damaged or destroyed by a means within the control of the property owner or tenant, the building or structure and use may be restored or repaired only in compliance with all requirements of this Code.

(UDC 2010, § 22.12)