Galesburg City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 152.015 GENERAL.

(A) Director of Community Development or City Engineer; appeals. The appeals of orders, requirements, decisions or determinations made by the Director of Community Development, City Engineer, or their designee may be taken to the Planning and Zoning Commission.

(B) Permit required; application; record. No construction of any building may be undertaken in the city without a building permit. Each application for a building permit shall be accompanied by a sketch in duplicate, drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon as shown by a subdivision plat, the size, shape and location of the buildings to be erected, and any other information as may be necessary to provide for the enforcement of this chapter. A record of applications and sketches shall be kept in the office of the Building Inspector.

(C) Effective date; record of certificates of occupancy. No change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Building Inspector. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a building permit, and no building or premises shall be occupied until the certificate and permit are issued. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by the certificate of occupancy.

(Ord. 10-3277, § 1-2.1, passed 1-4-2010; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)

§ 152.016 REVIEW AND DECISION-MAKING BODIES.

The administration of this DO is hereby vested in the following elected and appointed Boards and professional staff:

(A) City Council. The City Council shall have the following duties and responsibilities with regard to the DO:

(1) Receive recommendations from the Planning and Zoning Commission concerning all text and map amendments, minor plats, preliminary plats and final plats. The City Council shall approve, approve with modifications or disapprove the recommendation. The City Council shall also hear appeals regarding tower use permits, special use requests, variance requests and changes of nonconforming use requests;

(2) All decisions and findings by the City Council shall in all instances be the final administrative decision and shall be subject to judicial review as may be provided by law. In the case where decisions made by the City Council are done so by ordinance, the authorizing ordinance shall provide the final administrative decision and shall be subject to judicial review as may be provided by law; and

(3) The City Council should convene an annual meeting with the Planning and Zoning Commission to review the effectiveness of this DO and the Comprehensive Plan.

(B) Director of Community Development. The position of the Director of Community Development has been established by the city. This is a department head position, reporting to the City Manager. The duties and authority of the Director of Community Development or his or her designee(s) include:

(1) Provide and maintain public information relative to the DO;

(2) Forward to the Planning and Zoning Commission all applications for special uses, amendments, variances, tower use permits, site plan reviews and appeals to this DO;

(3) Interpret and answer questions regarding the provisions of this DO. Issue all zoning certificates, as well as make and maintain records thereof;

(4) Issue all certificates of occupancy, as well as make and maintain records thereof;

(5) Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this DO;

(6) Issue notices of violations and citations for violations of the regulations of this DO. Notices shall require compliance within 15 days and advise violators of their right to appeal;

(7) Issue “stop-work” orders for any construction or work that is not in compliance with this DO;

(8) Maintain permanent and current records of this DO, including but not limited to all maps, amendments, special uses, variances, appeals and applications thereof;

(9) Designate representatives to assist the Director of Community Development in carrying out his or her duties hereunder;

(10) Disseminate/document information to and from the Development Review Committee; and

(11) Review and approve conditional uses in zoning districts.

(1) To provide for citizen input and obtain testimony regarding development within the city, the Planning and Zoning Commission is hereby created. The Planning and Zoning Commission shall consist of nine members appointed by the Mayor with the approval of the City Council. Members shall reside within the corporate limits or within one and one-half miles of the corporate limits. Members are to have staggered terms. At the initial formation of the Planning and Zoning Commission, three members shall serve a one-year term, three will serve a two- year term, and three will serve a three-year term. After the initial term, all members appointed shall serve for a term of three years. All vacancies occurring in the Commission shall be filled by appointment for the remainder of the unexpired term in the same manner as the original appointments. All members serve without compensation.

(2) The Director of Community Development or his or her designee and a member of the Legal Department shall attend all regular Planning and Zoning Commission meetings to furnish assistance and advice to the Commission. A representative from the Public Works Department shall attend Commission meetings which involve a plate of subdivision. In addition, the Mayor, or a member of the City Council appointed annually by the Mayor with the approval of the City Council, shall also attend all regular meetings for the purpose of acting as a liaison between the Commission and the City Council. Members of the Planning and Zoning Commission shall elect from its members a chairperson and a vice-chairperson. The Director of Community Development or his or her designee shall serve as the executive secretary of the Commission.

(3) The duties of the Planning and Zoning Commission are as follows:

(a) To prepare and recommend to the City Council a comprehensive plan for future development of the city. This plan should generally address elements outlined in the Local Planning Technical Assistance Act (ILCS Ch. 20, Act 662, § 25) for land within the corporate limits or in contiguous territory not more than one and one-half miles beyond the corporate limits and not included in any municipality;

(b) To prepare and recommend to the City Council from time to time plans for specific improvements in the pursuance of the Comprehensive Plan;

(d) To hear appeals from any order, requirement, decision or determination of the Director of Community Development, City Engineeror their designee, relating to the DO, by any person, firm or corporation aggrieved thereby, or by any officer, department, board or commission of the city. The aggrieved shall submit an appeal within 15 days of the action complained of by filing a notice of appeal, in duplicate, specifying the grounds thereof, in the office of the Director of Community Development. An application fee is required for an appeal as provided in the Fee Schedule (Appendix A). The Director of Community Development shall transmit to the Planning and Zoning Commission all the papers constituting the record upon which the action appealed from was taken.

1. An appeal stays all proceedings in furtherance of the action appealed from unless the Director of Community Development or his or her designee certifies that, by reason of facts stated in the certification, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed except by a restraining order issued by a court of record after notice to the Director of Community Development and on due cause shown.

2. The Commission shall select a reasonable time and place for the hearing of the appeal, give 15 days’ notice thereof to all interested parties and shall render a written decision on the appeal without unreasonable delay. Any person may appear at the hearing and present testimony in person or by a duly authorized agent or attorney. The Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Director of Community Development.

(e) To make decisions, after holding a public hearing, on applications for variances from the strict enforcement of any provisions of this DO, in accordance with the rules and standards set forth therein;

(f) To make decisions, after holding a public hearing, on applications for special uses listed in each of the several zoning districts;

(g) To make decisions, regarding changes from one nonconforming use to another nonconforming use;

(h) To make decisions, after holding a public hearing, on application for Comprehensive Planned Developments and to hear and decide other matters referred to it or as required under the provisions of this DO;

(i) To recommend to the City Council, after holding a public hearing, on petitions for amendment of the provisions of this DO and the boundary lines of zoning districts established therein;

(j) To transmit to the City Council, with every recommendation, findings of fact and to refer to any exhibits containing plans and specifications relating to its recommendation, which plans and specifications shall remain a part of the permanent records of the Commission. The findings of facts shall specify the reason or reasons for its recommendation;

(k) To file immediately in the office of the City Clerk every rule, order, requirement, decision or determination of the Commission after any meeting or hearing;

(l) Nothing contained herein shall be construed to authorize the Commission to change any of the provisions of this municipal code or district boundary lines established hereby. A majority vote of the members present shall be necessary to reverse any order, requirement, decision or determination of the Director of Community Development, City Engineer and/or their designee or to decide in favor of the applicant any matter upon which the Commission is authorized to act;

(m) The Commission shall keep written records (minutes) of its proceedings that shall be open to public inspection at all times; and

(n) Additional duties of the Commission are also outlined in this DO.

(D) Development Review Committee.

(1) To provide for the fair and expeditious review of zoning, subdivision, variance, special use, site plan applications and for reviewing and approving joint parking facilities, a Development Review Committee is established. The Development Review Committee shall be made up of city staff, including:

(a) Director of Community Development;

(b) Public Works Director;

(d) Police Chief;

(e) City Engineer;

(f) Planning Manager;

(g) Building Inspector; and

(h) City Downtown Council representative (only for projects within the B3 Zoning District).

(i) President of Knox County Area Partnership (KCAP).

(2) The Director of Community Development or his or her designee shall submit copies of all pending applications to members of the Development Review Committee. The purpose of this Committee is to review applications for completeness and compliance with city codes and regulations. The Director of Community Development or his or her designee will be responsible for documenting suggestions made at Committee meetings and forwarding comments to the Planning and Zoning Commission and the applicant.

(Ord. 10-3277, § 1-2.2, passed 1-4-2010; Ord. 14-3444, passed 4-21-2014; Ord. 17-3538, passed 2-6-2017; Ord. 17-3539, passed 2-20-2017; Ord. 20-3609, passed 4-6-2020)

§ 152.017 ZONING MAP AMENDMENTS (REZONING).

(A) Application filing.

(1) Who may file. Zoning map amendments may be initiated by the City Council, by application of all the fee owners of the subject property or by the owners’ authorized agent. When the City Council initiates action under this chapter it does so without prejudice towards the outcome.

(2) Fees. Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall pay fees established by ordinance (see Fee Schedule). Under no condition shall the sum or any part thereof be refunded for failure of the change or request to be adopted or allowed by the Council. At its discretion, the City Council may waive fees for internal projects.

(3) Application. Applications for amendments to the official zoning map shall be submitted to the Director of Community Development or his or her designee. Rezoning applications may be processed concurrently with applications for site plan review and subdivision preapplication conferences.

(B) Development Review Committee review and recommendation. The Development Review Committee shall review each proposed zoning map amendment in light of the map amendment approval criteria set forth in division (F) of this section.

(1) The Director of Community Development or his or her designee shall publish legal notice in the newspaper not less than 15 days and shall post a sign on any premises, which are the subject of a rezoning, not less than ten days before the public hearing required by law, giving notice of the proposed zoning and the time and place of hearing thereon.

(2) Provided, however, that the Building Inspector shall not be required to post sings as set forth above when the public hearing is for the purpose of considering a comprehensive rezoning of the entire city.

(D) Planning and Zoning Commission review and recommendation. The Planning and Zoning Commission shall hold one public hearing upon the amendments and recommend approval, approval with modifications or denial of the proposed amendment based on the map amendment approval criteria set forth in division (F) of this section. If appropriate, the public hearing may be continued to a specific date. With each decision, the Planning and Zoning Commission shall prepare a findings of fact based on evidence presented at the public hearing. The findings shall be forwarded to the City Council and the applicant.

Figure 152.017: Amendment Process
Steps	Time for Steps 4 & 5 and 5 & 6	Time for Steps 2 through 5
1. Initial contact with the Community Development Dept	Steps 4 and 5, not less than 15 days Steps 5 and 6, 40 days approx	Steps 2 through 5, 50 days approx.
2. Complete application is filed with the Community Development Dept
3. Initial comments by Development Review Committee
4. Public notification newspaper (15 days) and signs (10 days)
5. Public hearing before Planning and Zoning Commission, report and recommendation sent to Council
6. City Council action (requires two readings)

(E) City Council review and action. After receiving the recommendation of the Planning and Zoning Commission, the City Council shall review the application and act to approve, approve with modifications or deny the proposed amendment based on the map amendment criteria set forth in division (F) of this section.

(F) Map amendment approval criteria. Zoning map amendments may be approved if the City Council reviews all of the following criteria:

(1) The proposed amendment is consistent with the intent of the Comprehensive Plan;

(2) The proposed amendment corrects an error or inconsistency or addresses some changing condition in the area; if the change is inconsistent with the Comprehensive Plan and the rezoning is approved, the Comprehensive Plan should be amended to reflect this change in use;

(3) The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property;

(4) The city and other service providers will be able to provide adequate public facilities and services to the subject property, while maintaining adequate levels of service to existing development;

(5) The proposed amendment will not result in significant adverse impacts on other property in the vicinity of the subject tract or on the environment, including air, water, noise, stormwater management, wildlife and natural resources; and

(6) The subject property is suitable for the proposed zoning classification.

(Ord. 10-3277, § 1-2.3, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)

§ 152.018 SPECIAL USES, SPECIAL USE PERMITS.

(A) Purpose. The development and execution of this chapter is based upon the division of the city into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon the neighboring lands and upon public need for the particular use or the particular location.

(B) Authorization. The Planning and Zoning Commission is authorized to grant special use permits and to hear and decide upon applications for special use permits listed in the district regulations of this chapter. Before authorizing the issuance of a special use permit, the Commission may impose any conditions that will, in the Commission’s judgment, ensure:

(1) The proposed amendment is consistent with the intent of the Comprehensive Plan;

(2) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(3) The special use will not be injurious to the use and enjoyments of adjacent properties for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(4) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

(5) Adequate utilities, access roads, drainage and other necessary facilities will be provided; and

(6) Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.

(C) Transference. A special use permit shall not be transferred to another location; nor shall a special use permit be conveyed to another use at the same location. A new special use permit shall be required for either of these two changes.

(D) Time limitations. The following time limitations shall apply to special use permits:

(1) In cases where the use authorized by a special use permit requires a building permit, the applicant shall have three months from the date the special use permit is granted to apply for a building permit. If application has not been made within that time, the special use permit shall expire and become null and void;

(2) In cases where a building permit is not required, any construction or activity authorized or required pursuant to the special use permit must commence within three months from the date the special use is granted. In the event the construction or activity is not commenced within the three-month period, the special use permit shall expire and become null and void; and

(3) Any other time restrictions as detailed in the conditions placed on the special use.

(E) Application for special use.

(1) Who may file. Special use applications may be initiated by all the fee owners of the subject property, by the owners’ authorized agent, or by any person, business or organization requesting or intending to request an occupancy certificate.

(2) Fees. Before any action shall be taken as provided in this section, the party or parties proposing the special use shall pay fees established by ordinance (see Fee Schedule). Under no condition shall the sum or any part thereof be refunded for failure of the request to be allowed by the Council.

(3) Application. Applications for a special use shall be accompanied by 15 sets of the proposed site plan (see § 152.134 for plan requirements). In addition, any other information as shall be established from time to time by the Planning and Zoning Commission shall be submitted to the Director of Community Development or his or her designee. No application for a special use shall be acted upon by the Planning and Zoning Commission until after:

(a) Copies of the application and all supporting materials are distributed to and reviewed by the Development Review Committee. The Development Review Committee shall submit written comments to the Planning and Zoning Commission and the applicant prior to the public hearing.

(b) A public hearing has been held by the Planning and Zoning Commission, which is required, by state statute. Notice of the public hearing shall be published in the local newspaper not less than 15 days prior to the public hearing.

1. Not less than ten days prior to the date of the public hearing, the Building Inspector shall post a readable sign(s) on the premises. Sign(s) must be removed no later than ten days after a recommendation is made by the Planning and Zoning Commission. The sign(s) shall be visible from the roadway.

2. With each decision, the Planning and Zoning Commission shall prepare a Findings of Fact based on evidence presented to it.

Figure 152.018: Special Use Process

(F) Decisions by Planning and Zoning Commission. All decisions of the Planning and Zoning Commission on special use permit applications arrived at after the hearing shall require a majority vote of all members present.

(G) Appeal of Planning and Zoning Commission decision to City Council. An applicant for a special use may appeal to Planning and Zoning Commission’s action to the City Council. The procedure for making an appeal is as follows:

(1) A written notice of appeal must be filed with the Director of Community Development or his or her designee within 15 days from the date of the Planning and Zoning Commission’s action.

(2) The appeal shall be considered by the City Council at its next regularly scheduled meeting occurring not less than five days following the filing of the notice of appeal. The City Council may, in its discretion, uphold, overturn or amend the action taken by the Planning and Zoning Commission.

(3) If the applicant fails to submit the written notice of appeal within the 15-day appeal period, the Planning and Zoning Commission’s decision shall be final.

(H) Revocation of special use permit.

(1) A special use permit granted under the authority of this section is subject to revocation for any or all of the following reasons:

(a) Noncompliance with any applicable requirement as set forth in this section;

(b) Noncompliance with any special conditions imposed at the time of approval of the special use permit;

(c) Violation of any provisions of the Code of Ordinances pertaining to the use of the land, construction or uses of buildings or structure or activities conducted on the premises by the permit holder, agents of the permit holder, or tenants;

(d) Violation of any other applicable provisions of the Code of Ordinances or any state or

federal law or regulation by the permit holder, agents of the permit holder, or tenants, provided that such violations relate to the conduct or activity authorized by the special use permit or the qualifications of such persons to engage in the permitted use;

(e) Revocation is necessary to preserve the public health, safety and welfare.

(2) The procedure for revocation is as follows:

(a) Revocation proceedings may be initiated by the Community Development Director, the Planning and Zoning Commission or the City Council;

(b) Unless the permit holder and the landowner agree in writing that the permit may be revoked, the Planning and Zoning Commission shall hold a public hearing to consider and recommend the revocation of the special use permit to the City Council;

(c) Notice of publish hearing shall be published in the local newspaper not less than 15 days prior to the public hearing. The city shall also send a notice to the permit holder and landowner notice of the scheduled revocation hearing at least ten days prior to the date scheduled for such hearing.

(d) The public hearing shall be conducted in accordance with rules of procedure established by the City Council. At the conclusion of the public hearing, the Planning and Zoning Commission shall forward a recommendation to the City Council to either affirm or deny revocation of the special use permit. The City Council shall take final action regarding the revocation of the special use permit within 30 days of the recommendation of the Planning and Zoning Commission.

(e) No special use permit shall be revoked unless a majority of the City Council is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation.

(Ord. 10-3277, § 1-2.4, passed 1-4-2010; Ord. 14-3444, passed 4-21-2014; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020; Ord. 21-3631, passed 2-15-2021)

§ 152.019 VARIANCE.

(A) Purpose. The “variance” process is intended to provide limited relief from the requirements of this chapter in those cases where strict application of those requirements will create a practical difficulty or particular hardship prohibiting the use of land in a manner otherwise allowed under this chapter. It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this chapter may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this chapter render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. In no event, however, shall the city grant a variance which would allow the establishment of a use which is not otherwise allowed in a zoning district or which would change the zoning district classification of any or all of the affected property.

(B) Authorized variances. Variances from the regulations of this chapter may be decided by the Planning and Zoning Commission only in accordance with the standards set forth in this division (B):

(1) To permit a setback less than the setback required by the applicable regulations, the reduction shall not exceed 30%;

(2) To permit the use of a lot of record on the effective date hereof for a use otherwise prohibited solely because of the insufficient area of the lot;

(3) To reduce by not more than 30% the required lot width;

(4) To permit the same off-street parking spaces to qualify as required spaces for two or more uses; provided that the maximum use of the facility by each user does not take place during the same hours;

(5) To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served;

(6) To reduce the off-street parking requirements established in §§ 152.150 through 152.155 by a maximum of 50% of the requirement, provided it can be shown why the established requirement is not applicable or appropriate;

(7) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Director of Community Development, City Engineer or his or her designee, in the enforcement of this chapter;

(8) To vary fence regulations where the variance will benefit the applicant and will not be detrimental to the public health or safety or to the use, enjoyment or value of the property in the near vicinity;

(9) To vary the outdoor lighting regulations as detailed in § 152.032;

(10) To vary the landscape regulations as detailed in §§ 152.165 through 152.168; and

(11) To vary other provisions of this chapter.

(1) The Planning and Zoning Commission shall not vary the provisions of this chapter as authorized in this section unless it shall have made affirmative findings based upon the evidence presented to it in each of the following specific cases:

(a) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Applicants must submit evidence identifying the price paid for the property. Paying more for the property than it is worth, purchasing it at a price which anticipates and obtains variances, or showing that the property would be worth more if a variance is granted is not evidence of lack of a reasonable return;

(b) That the situation of the owner is due to unique physical circumstances of the property; and

(2) For the purpose of supplementing the above standards, the Planning and Zoning Commission, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

(a) That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out;

(b) That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification;

(d) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

(e) That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

(f) That the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the danger of fire, otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(3) The Planning and Zoning Commission may require conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this division (C) to reduce or minimize the injurious effect of the variance upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.

(D) Time limitations. The following time limitations shall apply to variances issued by the Commission.

(1) In cases where the use authorized by a variance requires a building variance, the applicant shall have three months from the date the variance is granted to apply for a building variance. If application has not been made within that time, the variance shall expire and become null and void.

(2) In cases where a building permit is not required, any construction or activity authorized or required pursuant to the variance must commence within three months from the date the variance is granted. In the event the construction or activity is either not commenced within the three-month period, the variance shall expire and become null and void.

(3) Any other time restrictions as detailed in the conditions placed on the variance.

(E) Application for variance, notice of hearing.

(1) Who may file. Variance applications may be made by any property owner or his or her agent.

(2) Fees. Before any action shall be taken as provided in this section, the party or parties proposing the variance shall pay fees established by ordinance (see Fee Schedule). Under no condition shall the sum or any part thereof be refunded for failure of the request to be allowed by the Council. At their discretion, the City Council may waive fees for internal projects.

(3) Application. Applications for a variance shall be accompanied by 15 sets of the proposed site plan (see § 152.134 for plan requirements). In addition, any other information as shall be established from time to time by the Planning and Zoning Commission shall be submitted to the Director of Community Development or his or her designee.

Figure 152.019: Variance Process

(4) Prerequisites. No application for a variance shall be acted upon by the Planning and Zoning Commission until after:

(b) A public hearing has been held by the Planning and Zoning Commission, which is required by state statute. Notice of the public hearing shall be published in the local newspaper not less than 15 days prior to the public hearing.

2. With each decision, the Planning and Zoning Commission shall prepare a Findings of Fact based on evidence presented to it.

(F) Decisions by Planning and Zoning Commission. All decisions of the Planning and Zoning Commission on variances, shall require a majority vote of all members.

(G) Appeals of Planning and Zoning Commission decision to City Council. An applicant for a variance may appeal the Planning and Zoning Commission’s action to the City Council. The procedure for making an appeal is as follows:

(1) A written notice of appeal must be filed with the Director of Community Development or his or her designee within 15 days from the date of the Planning and Zoning Commission’s action.

(3) If the applicant fails to submit the written notice of appeal within the 15-day appeal period, the Planning and Zoning Commission’s decision shall be final.

(Ord. 10-3277, § 1-2.5, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 14-3444, passed 4-21-2014; Ord. 15-3505, passed 11-16-2015; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020; Ord. 20-3625, passed 12-21-2020)

§ 152.020 NONCONFORMING USES AND STRUCTURES.

(A) Purpose and scope.

(1) This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. The purpose of this section is to provide for the regulation of nonconforming buildings, structures and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue.

(2) The provisions of this section are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of this chapter and enhance the character of the city. Any nonconforming use, structure or lot which lawfully existed as of July 6, 2010 and any use, structure or lot which has become nonconforming as a result of the adoption of this chapter or any subsequent reclassification of zoning districts or other amendment to this chapter, may be continued or maintained only in accordance with the terms of this section.

(3) This section is intended to regulate and limit the development and continued existence of uses, structures and lots established prior to the effective date of this chapter which do not conform to the requirements herein.

(4) For the purpose of this section, a building or structure lawfully constructed or established on the effective date hereof, shall be deemed to include any building or structure for which a building permit has been lawfully issued prior to that date, and on which construction is begun within the required period of time as set forth in this chapter.

(B) Continuance of nonconforming building, structure or use. Any nonconforming building, structure or use which existed lawfully at the time of adoption of this chapter and which remains nonconforming upon the adoption of this chapter, or of any subsequent amendments thereto, is subject to the regulations which follow.

(C) Expansion of nonconforming use. The nonconforming use of a part of a building or structure may be expanded within the building or structure in which the use is presently located, but no changes or structural alterations shall be made unless the changes or structural alterations conforms to all the regulations of the district in which the building or structure is located.

(D) Change of nonconforming use. A nonconforming use shall not be changed to another nonconforming use, except where the proposed use is located in the same or a more restrictive zoning district than where the existing nonconforming use is first allowed and an application for the change has been submitted to and approved by the Planning and Zoning Commission. The application shall follow the application filing procedures for a variance request as outlined in § 152.019.

(E) Intermittent use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use. The existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(F) Discontinuance or abandonment of nonconforming structure or use.

(1) Whenever any part of a structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, the premises shall not thereafter be used or occupied by any nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

(2) Whenever a nonconforming use of a structure, or part thereof, has been discontinued for a period of 180 consecutive days, or whenever it is evident a clear intent on the part of the owner to abandon a nonconforming use, the use shall not after being discontinued be reestablished, and the use of the premises thereafter shall conform with the use regulations of the zoning district in which it is located.

(G) Repairs and alterations of nonconforming structures.

(1) Repairs may be made to a nonconforming structure, provided that no structural alterations shall be made in or to a structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located. However, structural alterations may be made if they are required by law or are necessary to make the structure and use thereof conform to the regulations of the district in which it is located.

(2) No structural alterations shall be made in a building or other structure containing a nonconforming use, except in the following situations:

(a) When the alteration will result in eliminating the nonconforming use; and

(b) A structure containing a residential nonconforming use may be altered or enlarged, provided that the enlargement or alteration itself conforms to the requirements of the zoning district, and provided no structural alteration shall be made which would increase the number of dwelling units The enlargement cannot exceed 25% of the existing building.

(H) Additions or expansions of nonconforming structures.

(1) A building and/or structure which is nonconforming as to lot size requirements or building bulk regulations shall not be added to, expanded or enlarged unless the addition, expansion or enlargement conforms to all the regulations of the district in which it is located.

(2) A structure which is nonconforming with respect to yards, lot coverage or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations of the district in which it is located.

(3) A nonconforming building or structure which is nonconforming only as to bulk shall not be added to or enlarged in any manner unless the additions and enlargements thereto are made to conform to all regulations of the district in which it is located.

(I) Restoration of a damaged nonconforming structure.

(1) A nonconforming structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration shall exceed 50% of the value based on the County Assessor’s records for the entire structure shall not be restored unless the structure and use conforms to the provisions of the zoning district in which it is located.

(2) If the cost of restoration of the damaged structure does not exceed 50% of the value based on the County Assessor’s records for the entire structure, no repairs or reconstruction shall be made unless the restoration is commenced within six months from the date of the fire or other casualty or act of God, and is diligently pursued until completion. The structure may be restored to its original condition and the occupancy or use of the structure may be continued which existed at the time of the partial destruction. Failure to initiate or conclude restoration within these limits shall constitute abandonment as previously described in division (F) of this section.

(J) Relocation of nonconforming structure. No building or structure shall be moved in whole, or in part, to any other location on the same or any other lot unless every portion of the building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.

(Ord. 10-3277, § 1-2.6, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 14-3444, passed 4-21-2014)