The administration and procedures provisions establish the methods for implementation of the zoning ordinance, this chapter. These provisions include procedures for reviewing specific uses within certain zoning districts, amending the zoning ordinance, and granting variances.

(Code 1993, § 39.12.001; Ord. No. 1171, § 1)

(a)

Purpose. The site plan review procedure provides for the administrative review in addition to plan review required by other sections of the City Code of projects that have potentially significant effects on traffic circulation or a significant effect on land uses in adjacent neighborhoods. The procedure provides for review and evaluation of site development features and possible mitigation of unfavorable effects on surrounding property.

(b)

Administration. The Building Official, or a designee, shall review, evaluate, and act on all site plans submitted pursuant to this procedure. An applicant may appeal a denial of any application to the Board of Adjustment.

(c)

Uses requiring site plan review. All uses listed below shall follow the site plan review procedure prior to the issuance of a building permit, unless they are otherwise subject to a special use permit procedure for specific zoning districts.

(d)

Application requirements. An application for a site plan review may be filed by the owners of a property or the owners' authorized agent with the Building Official. The application shall include the following information:

(1)

Name and address of the applicant.

(2)

Owner, address, and legal description of the property.

(3)

A description of the nature and operating characteristics of the proposed use.

(4)

A site plan, drawn to a scale sufficient to permit adequate review and dimensioned as necessary, showing the following information:

a.

The date, scale, north point, title, name of owner, and name of person preparing the site plan.

b.

The location and dimensions of boundary lines, easements, and required yards and setbacks of existing and proposed buildings and site improvements.

c.

The location, size, and use of proposed and existing structures on the site.

d.

The location of all proposed site improvements, including parking and loading areas, pedestrian and vehicular access, sewers, sidewalks, utilities, service areas, fencing, screening, landscaping, and lighting.

e.

Location of any major site feature, including drainage and contours at no greater than five-foot intervals.

f.

Any other information that may be required for review by the Building Official, or a designee.

(e)

Administrative action and appeal. The Building Official, or a designee, must act upon each complete application within ten working days of filing. An applicant may appeal a denial to the Board of Adjustment within ten days of the action. The Board of Adjustment shall consider the appeal at the first available meeting after the filing of the appeal.

(f)

Review and evaluation.

(1)

The Building Official, or a designee (or the Board of Adjustment in cases of appeal), shall review and approve the site plan based on the criteria established in Table 62-55-1 and conformance with applicable regulations in this chapter.

(2)

The Building Official, or a designee (or the Board of Adjustment in cases of appeal), shall make the following findings before approval of the site plan:

a.

The proposed development, together with any necessary modifications, is compatible with the criteria established in Table 62-55-1.

b.

Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects.

c.

The site plan conforms to this chapter.

(g)

Modification of site plan. The Building Official, or a designee (or the Board of Adjustment in cases of appeal), may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than base district regulations and may include, but not be limited to, additional landscaping or screening, installation of erosion control measures, improvement of access or circulation, rearrangement of structures on the site, or other modifications deemed necessary to protect the public health, safety, welfare, community character, property values, and/or aesthetics.

(h)

Term and modification of approval.

(1)

A site plan approval shall become void two years after the date of approval, unless the applicant receives a building permit and diligently carries out development prior to the expiration of this period.

(2)

The Building Official, or a designee, may approve an application to modify a previously approved site plan if the Building Official determines that the modification does not affect findings related to the criteria set forth in Table 62-55-1.

(3)

The Building Official, or a designee, may revoke a site plan approval if the Building Official determines that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the Board of Adjustment.

(i)

Approval to run with land. An approval pursuant to this section shall run with the land until the expiration date of such approval.

(Code 1993, § 39.12.002; Ord. No. 1171, § 1)

(a)

Purpose. The special use permit procedure provides for public review and discretionary Board of City Commissioners approval for uses within zoning districts which have unusual site development or operating characteristics that could adversely affect surrounding properties.

(b)

Administration. The Planning Commission shall review and evaluate each application and transmit its recommendation to the Board of City Commissioners. The Board of City Commissioners shall review, evaluate, and act upon all applications submitted pursuant to this procedure.

(c)

Application requirements. An application for a special use permit may be filed with the Planning Director or designee by the owners of a property or the owners' authorized agent. The application, shall, at a minimum, include the following information:

(1)

Name and address of the applicant.

(2)

Owner, address and legal description of the property.

(3)

A description of the nature and operating characteristics of the proposed use.

(4)

Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Building Official to be necessary to describe the proposed use to approving agencies.

(5)

Completed submittal checklist with all required agency comments.

(d)

Approval process.

(1)

The Planning Commission, following proper notice, shall hold a public hearing on each special use permit, and following such public hearing, shall recommend action to the Board of City Commissioners. Notice for a special use permit shall be the same as provided for rezonings, as set forth in Section 62-56.

(2)

The Board of City Commissioners, after publication, shall act on the special use permit. A majority vote of those members elected to the Board of City Commissioners is required for approval. The Board of City Commissioners may apply any reasonable conditions to the approval of the permit.

(e)

Criteria for review. The Planning Commission and the Board of City Commissioners shall review and approve the site plan based on the criteria established in Table 62-55-1 and conformance with applicable regulations in this chapter.

(f)

Scope of Board of City Commissioners' approval.

(1)

The Board of City Commissioners may, at its discretion, apply a special use permit to a specific owner or applicant. The Board of City Commissioners may establish special site development or operational regulations as a condition for approval of a special use permit.

(2)

The Board of City Commissioners shall not grant a special use permit for any home occupation/homebased business which is otherwise prohibited under Section 62-471.

(g)

Lapse and revocation of permit.

(1)

A special use permit shall become void two years after its effective date if the applicant has not carried out development or occupancy during that period.

(2)

The Board of City Commissioners may revoke a special use permit should the operation of the use subject to such permit violate the conditions under which the permit was granted.

(h)

Previously approved permits. Any special use approved under regulations in effect before the effective date of the ordinance from which this chapter is derived shall be considered to have a valid special use permit, subject to requirements imposed at the time of its approval.

Table 62-55-1. Criteria For Site Plan Review and Special Use Permits

(Code 1993, § 39.12.003; Ord. No. 1610, § 7; Ord. No. 1171, § 1)

(a)

Purpose. The amendment procedures describe the methods by which changes may be made in the text of the zoning ordinance (text amendment) and/or the official boundaries of zoning districts (rezoning).

(b)

Initiation of amendments.

(1)

Text amendments may be initiated by the Planning Commission or Board of City Commissioners.

(2)

Re-zonings may be initiated by a property owner or authorized agent, the Planning Commission, or the Board of City Commissioners.

(c)

Rezoning application requirements. An application for a rezoning may be filed with the Planning Director, or a designee. The application shall, at a minimum, include the following information:

(1)

Name and address of the applicant.

(2)

Owner, address and legal description of the property.

(3)

A description of the reason for the rezoning application and the nature and operating characteristics of the proposed use.

(4)

Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Building Official to be necessary to describe the proposed use to approving agencies.

(5)

Completed submittal checklist with all required agency comments.

(d)

Amendment process.

(1)

The Planning Commission, following 15 days' notice and publication, shall hold a public hearing on each proposed text or rezoning and, following such public hearing, shall recommend action to the Board of City Commissioners. A vote either for or against an amendment by a majority of all Planning Commission members shall constitute a recommendation to the Board of City Commissioners. A vote either for or against an amendment by less than a majority of all Planning Commission members shall constitute a failure to make a recommendation to the Board of City Commissioners.

(2)

The Board of City Commissioners shall act on the proposed amendment. On applications which receive a recommendation of approval from the Planning Commission, a majority vote of those members elected to the Board of City Commissioners is required for approval.

(3)

Protest. If a valid protest petition opposing an amendment is filed with the City Administrator, or a designee, by eligible property owners, a three-fourths vote of those members elected to the Board of City Commissioners is required for approval. A valid protest petition must meet the following criteria:

a.

Submission of the petition in the Office of the Building Inspector within 14 days after the conclusion of the public hearing on the amendment by the Planning Commission.

b.

Notarized signatures by at least one of the following:

1.

The owner or owners of at least 20 percent of the property proposed for rezoning.

2.

The owners of 20 percent of the total area, excepting public rights-of-way and public property, within the zoning jurisdiction of the City and within 150 feet of the proposed rezoning.

(e)

Required notice and publication for rezoning, special use permits, and text amendments.

(1)

Notice of public hearings—Rezoning, special use permits. Prior to consideration of a rezoning or special use permit, notice of public hearings shall be provided by the following methods, as determined by the City:

a.

Publication. At least 15 days before the date of hearing, the Zoning Administrator shall have published in a daily newspaper having a general circulation in the City a notice of the time, place and subject matter of such hearing.

b.

Notification by mail. At least ten days prior to the date of hearing, the party initiating the rezoning request shall present the Zoning Administrator a certified address list of those persons who own property within 300 feet of the subject site. The Zoning Administrator shall mail notice of the time, place and subject matter of the hearing to such property owners at least ten days prior to the date of the hearing.

c.

Notification by petition. The applicant shall acquire the signatures of the owners of all properties within 200 feet of the property line in question indicating their approval of the proposed rezoning.

(2)

Notice of public hearings—Text amendments. Prior to consideration of a text amendment, notice of public hearings shall be provided by publication as provided in Subsection (d)(1) of this section.

(f)

Notification by mail of school district. The Zoning Administrator shall mail notice of the time, place and subject matter of any Planning Commission rezoning hearings to the Public and Parochial School District Administrative Officials and/or Chairpersons of the Board of Education, within whose boundaries the subject site is located. The notification shall be submitted to the applicable official and/or Board of Education at least ten days prior to the date of such meeting. Each school district to be affected by such rezoning proposal shall be notified.

(Code 1993, § 39.12.004; Ord. No. 1610, § 7; Ord. No. 1171, § 1)

Upon the automatic extension of the one-mile extraterritorial jurisdiction due to annexation, the Board of City Commissioners with the recommendation of the Planning Commission shall zone properties within the newly established Jurisdiction concurrent with adoption of the annexation ordinance. The zoning shall consider the Comprehensive Development Plan of the City and the present use of the land.

(Code 1993, § 39.12.005; Ord. No. 1171, § 1)

(a)

Administration and enforcement.

(1)

The Building Official shall administer and enforce this chapter. The Board of City Commissioners may direct other persons to assist the Building Official.

(2)

If the Building Official, or a designee, shall find that any of the provisions of this chapter are being violated, the official shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The official shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(b)

Building permits required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore, issued by the Building Official. No building permit shall be issued by the Building Official except in conformity with the provisions of this chapter, unless the Building Official receives a written order from the Board of Adjustment in the form of an administrative review, special exception, or variance as provided by this chapter.

(c)

Application for building permit.

(1)

All applications for building permits shall include plans if applicable in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing; if any; and the location and dimension of the proposed building or alteration.

(2)

The application shall include such other information as lawfully may be required by the Building Official, including existing or proposed building or alterations; existing or proposed uses of the building and land; the number of families; housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter.

(3)

One copy of the plans shall be returned to the applicant by the Building Official, after the official shall have marked such copy either as approved or disapproved and attested to same by the Building Official's signature on such copy. One copy of the plans, similarly marked, shall be retained by the Building Official.

(d)

Certificates of zoning compliance for new, altered, or nonconforming uses. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the Building Official stating that the proposed use of the building or land conforms to the requirements of this chapter.

(e)

Expiration of building permit.

(1)

If the work described in any building permit has not begun within 180 days from the date of issuance thereof, said permit shall expire, it shall be canceled by the Building Official, and written notice thereof shall be given to the persons affected.

(2)

If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Building Official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

(3)

The expiration date of a building permit may be established for a period longer than two years if established at the time that such permit is issued by the City. The Building Official, or a designee, may, at discretion extend the expiration period of the building permit.

(f)

Construction and use to be as provided in applications, plans, permits, and certificates of zoning compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this chapter, and punishable as provided herein.

(Code 1993, § 39.12.006; Ord. No. 1171, § 1)

(a)

The Board of City Commissioners shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this chapter.

(b)

The schedule of fees shall be posted in the Office of the Building Official, and may be altered or amended only by the Board of City Commissioners.

(c)

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Code 1993, § 39.12.007; Ord. No. 1171, § 1)

(a)

Establishment.

(1)

A Board of Adjustment is hereby established to provide relief in situations of hardship or to hear appeals as provided by this section. The Board shall consist of five regular members, plus one additional alternate member who shall attend and vote only when one member is unable to attend for any reason.

(2)

Each member shall be appointed by the Board of City Commissioners for a three-year term and is removable for cause by the Board of City Commissioners. Said terms shall expire on December 31 of the third year following the appointment, except that members of the Board of Adjustment as of January 1, 2000, shall continue to serve the terms for which they were appointed. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(3)

Duties.

a.

The Board of Adjustment shall adopt rules and regulations in accordance with this chapter and the laws of the State pursuant to N.D.C.C. Ch. 40-47. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. Such chairperson, or, in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings and records shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact.

b.

The Board shall keep a record of its examinations and other official actions, all of which shall be immediately filed in the Office of the Board and shall be a public record. Four members of the Board shall constitute a quorum for the transaction of business.

(b)

Procedure for appeals.

(1)

Appeals shall be made to the Board of Adjustment through the Office of the Building Official in written form as determined by the Building Official. The Board shall fix a reasonable time for the hearing of the appeal and shall decide the appeal within 30 days of the date of the public hearing. An appeal stays all proceedings in furtherance of the action, unless the Building Official certifies to the Board that by reason of the facts stated in the certificate, a stay would, in the Building Official's opinion, cause imminent peril to life or property.

(2)

The Board shall provide a minimum of ten days' notice of a public hearing on any questions before it. Notice of the hearing shall be by publication in a newspaper of general circulation in the City; and by written notice to the appealing party.

(3)

Upon the public hearing, any party may appear in person or by agent or attorney.

(4)

The concurring vote of four members of such board as so composed shall be necessary to reverse any order, requirement, decision or determination of any Building Official, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning provision, or to affect any variation in such provision.

(Code 1993, § 39.12.010; Ord. No. 1171, § 1; Ord. No. 1200, § 4)

The Board of Adjustment shall have only the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decisions or determination made by the Building Official, or a designee, in the enforcement of this article.

(2)

Interpretation of zoning map. To hear and decide, in accordance with the provisions of any zoning regulation, requests for interpretation of any map.

(3)

Variances to relieve hardships relating to property. To authorize, upon appeal, variances from the strict application of this article where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the zoning regulations; or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, such strict application would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property.

a.

Requirements for granting of a variance. No such variance shall be authorized by the Board unless it finds that:

1.

Strict application of this chapter will produce undue hardship.

2.

Such hardship is not shared generally by other properties in the same zoning district and in the same vicinity.

3.

The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance.

4.

The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for the purposes of convenience, profit, or caprice.

5.

The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable a general regulation to be adopted as an amendment to this chapter.

6.

The granting of the variance will not cause substantial detriment to the public good and will not substantially impair the intent and purpose of any ordinance or resolution.

b.

Findings by Board. The Board of Adjustment shall make findings that the requirements of Subsection (3)a of this section have been met by the applicant for a variance.

c.

Conditions for granting of variance.

1.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this article and punishable under Section 62-65.

2.

Under no circumstances shall the Board of Adjustment grant a variance to allow use not permissible under the terms of this article in the district involved, or any use expressly or by implication prohibited by the terms of this article in said district.

3.

No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(4)

Board has powers of Building Official on appeals, reversing decisions of Building Official.

a.

In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions, or determination as ought to be made, and to that end shall have the powers of the Building Official from whom the appeal is taken.

b.

The concurring vote of four members of the Board shall be necessary to reverse any order, requirements, decision, or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to affect any variation in the application of this chapter.

(Code 1993, § 39.12.011; Ord. No. 1171, § 1)

Any person or any board, taxpayer, officer, department, board or bureau of the City aggrieved by any decision of the Board of Adjustment may seek review of such decision by the Board of City Commissioners in the manner provided by the laws of the State.

(Code 1993, § 39.12.012; Ord. No. 1171, § 1)

(a)

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Building Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Building Official, and that recourse from the decisions of Board of Adjustment shall be appealed to the Board of City Commissioners.

(b)

Under this chapter, the Board of City Commissioners shall have only the following duties:

(1)

Of considering and adopting or rejecting proposed amendments, or the repeal of this chapter as provided by law;

(2)

Of establishing a schedule of fees and charges as stated in this article; and

(3)

Of hearing any appeals from the Board of Adjustment.

(Code 1993, § 39.12.013; Ord. No. 1171, § 1)

Whenever a violation of this chapter occurs, or is allowed to have occurred, any person may file a written complaint. Such complaints stating fully the causes and basis thereof shall be filed with the Building Official. The Building Official shall record properly such complaint immediately, investigate, and take action thereon as provided by this chapter.

(Code 1993, § 39.12.015; Ord. No. 1171, § 1)

(a)

Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any violation of this section shall be a class B misdemeanor. Each day such violation continues shall be considered a separate offense.

(b)

The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(c)

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

(Code 1993, § 39.12.016; Ord. No. 1171, § 1; Ord. No. 1746, § 2; Ord. No. 1837 meeting, § 1, 11-4-2025)

Temporary use permits may be granted for the use of property, except any public street, alley, sidewalk, public right-of-way or other public grounds owned or controlled by the City, as provided in this section.

(1)

Application for temporary use permit. Any applicant for a temporary use permit shall file an application for such permit with the Zoning Administrator, together with the following:

a.

A completed application form as provided by the City;

b.

Legal description of the property where the temporary use is to be located;

c.

A map of the property where the temporary use is to be located depicting the location of any existing structures, parking spaces, and the temporary use itself;

d.

A complete description of the proposed temporary use, including hours of operation, proposed method of merchandise display, proposed signage, list of all goods to be sold and material and equipment to be used in the proposed operations;

e.

A letter of permission from the property owner pertaining to the authorized use of the site and any other facilities or services necessary to provide for the safe operation of the event;

f.

For any use that includes the operation of a tent, a copy of the certificate of flame resistance;

g.

For any use that involves the processing and/or sale of food products, a copy of the temporary food establishment permit issued by the State Health Department; and

h.

Any other information deemed necessary to conduct a thorough analysis of the application.

(2)

Temporary uses, performance standards. All temporary uses shall comply with the following performance standards:

a.

Temporary uses shall demonstrate the ability to display merchandise in a manner that does not create a nuisance, or adversely impact surrounding property or the visual quality of the City;

b.

Signage for temporary uses shall be limited to one sign, not to exceed eight square feet. The sign shall be attached to a vehicle or structure associated with the special event;

c.

No off-premises signs or attention-attracting devices shall be allowed;

d.

Special events shall be located in a manner that will not cause vehicular congestion or occupy required parking spaces for another uses;

e.

Upon expiration of the permit, all associated materials and equipment shall be promptly removed from the property; and

f.

Other reasonable conditions of approval may be imposed to ensure the protection of the public health, safety and general welfare.

(Code 1993, § 39.12.017; Ord. No. 1423, § 1; Ord. No. 1606, § 2)

This division shall be known as the "Nonconforming Development Regulations." The purposes of these regulations are:

(1)

To allow for reasonable use of legally created lots of record which do not meet current minimum requirements for their respective zoning districts.

(2)

To provide for reasonable use of legally constructed structures which do not meet current site development regulations for their respective zoning districts.

(3)

To allow for the reasonable continuation of legally established uses which do not meet current site development regulations for their respective zoning districts.

(4)

To limit the continuation and provide for the gradual replacement of nonconforming uses.

(Code 1993, § 39.11.001; Ord. No. 1171, § 1)

Regulations for nonconforming uses are in addition to regulations for nonconforming structures. In the event of a conflict, the most restrictive regulation shall apply.

(Code 1993, § 39.11.002; Ord. No. 1171, § 1)

(a)

Pre-existing lots of record. Nonconforming lots of record existing at the time of the adoption of the zoning ordinance from which this chapter is derived shall be exempt, unless otherwise provided, from the minimum lot area in the lot width requirements of each zoning district. Such lots may be developed with use allowed by the regulations for the district and must comply with all other site development regulations set forth by the zoning ordinance.

(b)

Reductions due to public acquisition. If a portion of a legally existing lot in any district is acquired for public use, the remainder of this lot shall be considered a conforming lot.

(c)

Criteria for granting special use permit for lot development. A nonconforming lot may be developed if a special use permit is granted meeting the following criteria:

(1)

The lot size is not less than 25 percent of the minimum lot size for the district;

(2)

The proposed building shall be compatible in style, height, size, materials and site design of adjacent buildings;

(3)

The building shall meet the zoning district and all applicable development regulations, including, but not limited to, setbacks and lot coverage; and

(4)

The property owner is not the originator of the nonconforming lot size.

(Code 1993, § 39.11.003; Ord. No. 1171, § 1)

These regulations apply to buildings and structures which were constructed legally under regulations in effect before the effective date of the ordinance from which this chapter is derived.

(1)

Continuation. A lawful nonconforming structure existing on the effective date of the ordinance from which this chapter is derived may be continued, repaired, maintained, or altered, subject to the provisions of this section.

(2)

Additions or enlargements to nonconforming structures. A lawful nonconforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:

a.

The enlargement or addition, when considered independently of the existing building, complies with all applicable setback, height, off-street parking, and landscaping requirements.

b.

The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height and off-street parking regulations applicable to its zoning district.

c.

The addition projects no further into a required side yard setback than the existing building wall, and the enlarged building complies with building and impervious coverage, front and rear yard setbacks, and height regulations applicable to its zoning district.

(3)

Moving of nonconforming structures. A lawful nonconforming building or structure shall not be moved in whole or in part to another location on its lot unless every part of the structure conforms to all site development regulations applicable to its zoning district.

(4)

Repair of nonconforming structures. A lawful nonconforming building damaged by fire, explosion, storm or other calamity, except flood damages, may be repaired and reconstructed provided there is no increase in the degree of nonconformity. Repair and reconstruction within the designated floodplain shall be in conformance with floodplain development regulations.

(5)

Conversion of a conforming building. A conforming building shall not be changed in any way that will result in a nonconforming development.

(6)

Applicability of landscaping and screening regulations. A pre-existing structure, building, or development shall be exempt from Article VIII of this chapter. Any expansion of such structure, building, or development or any adjacent new development onto property that is or becomes vacant on or after the effective date of the ordinance from which this chapter is derived shall be subject to Article VIII of this chapter.

(Code 1993, § 39.11.004; Ord. No. 1171, § 1; Ord. No. 1423, § 1)

(a)

Continuation of nonconforming uses. Any nonconforming use lawfully existing on the effective date of the ordinance from which this chapter is derived may continue, subject to the limitations of this section.

(b)

Enlargement of nonconforming uses. A building or structure housing a lawful nonconforming use may not be added to or enlarged.

(c)

Abandonment of nonconforming use. If any structure or property used as a lawful nonconforming use becomes vacant or unused for a continuous period of one year, any subsequent use must conform to all use regulations applicable to the property's zoning district.

(d)

Change of use. A lawful nonconforming use may be changed only to a use type permitted in a zoning district that is equal to or less intensive than that normally required for the previous use.

(e)

Allowance for repair. Repairs and maintenance of a structure occupied by a nonconforming use may be made, provided that no structural alterations are made other than those required by law.

(f)

Damage or destruction of structures. Should a structure occupied by a lawful nonconforming use be damaged to the extent that the cost of restoration exceeds 50 percent of the replacement cost of the structure, the nonconforming use shall no longer be permitted.

(g)

Nonconforming uses and conditional and special use permits. A lawful pre-existing use which would require a special use permit in its zoning district shall be presumed to have the appropriate permit and shall be considered a conforming use. The use shall be subject to the regulations governing lapses or revocation of permits, set forth in Article III of this chapter.

(Code 1993, § 39.11.005; Ord. No. 1171, § 1)