This chapter provides standards and procedures for nonconforming uses, developments and improvements. While the intent is to bring nonconforming uses, developments, and structures into compliance with the KDC, thereby minimizing the impacts of such nonconforming status, this chapter makes allowance for these nonconformities to continue in certain situations. (10/14)

The provisions of this chapter relate exclusively to the use and development conditions and regulations imposed directly in this ordinance. Nothing in this section shall be deemed a waiver, relaxation or abrogation of any provision of any other applicable law, ordinance, or regulation controlling the use or development of buildings, structures or land. (5/98)

A.

Generally. A nonconforming use is any use on real property that was lawfully established under the applicable city or county land use regulations at the time the use was established but which is no longer allowed due to the adoption of, or amendment to, the city's land use regulations, a change in the zone, or annexation of the property into the city. A nonconforming use is a lawful use and may be continued on the real property until terminated as provided in subsection (E) of this section.

B.

Ordinary repairs and maintenance. Except as otherwise provided in this section, buildings and structures occupied by nonconforming uses may be repaired and maintained. (10/14)

C.

Extension, alteration, and expansion of nonconforming uses. If approved pursuant to subsection (D) of this section: (10/14)

1.

A nonconforming use in a portion of a building may be extended into other portions of that building. (10/14)

2.

A building or structure occupied by a nonconforming use may be structurally altered or enlarged for the benefit of such use as provided below. (10/14)

D.

Application for extension, alteration, and expansion of a nonconforming use. (10/14)

1.

Applicability. Except as provided in subsection 2.204.03.F of this section, a nonconforming use shall not be extended, altered, expanded, or substituted for another nonconforming use without receiving approval as provided in this section. (10/14)

2.

Conditional use required. The nonconforming uses specified in section 2.204.03 are considered conditional uses in the applicable zone; however, unlike conditional uses generally, they are not permitted uses. (10/14)

3.

Application procedures. The procedures and criteria set forth in section 3.103 shall apply for a nonconforming conditional use application. Granting of a conditional use allowing the alteration does not remove the nonconforming status of the use or structure. (5/98)

In addition to the criteria in section 3.103, the following criteria must be met: (10/14)

a.

The proposed extension, alteration, enlargement of use is consistent with the general development character of the surrounding area; (10/14)

b.

The degree of noise, vibration, dust, odor, fumes, glare, or smoke detectable at the property line will not be increased by the proposed extension, alteration, enlargement of use; (10/14)

c.

The number and kinds of vehicular trips will not exceed the maximums typical for the zoning district within which the nonconforming use is located; (10/14)

d.

The amount and nature of outside storage, loading, and parking will not be increased or altered by the proposed extension, alteration, enlargement of use so as to cause further impacts; (10/14)

e.

The hours of operation for the proposed extension, alteration, enlargement of use will not be altered or increased beyond those of the existing nonconforming use; and (10/14)

f.

If the proposal includes the alteration or enlargement of a building or structure, the alteration or enlargement must comply with the applicable development standards of the KDC and all other applicable ordinances and regulations. (10/14)

E.

Termination of nonconforming use. (10/14)

1.

A nonconforming use shall terminate if the building, structure, or land ceases to be occupied for the nonconforming use, for any reason for a continuous period of one year. (10/14)

2.

A nonconforming use dependent upon a building or structure that is declared a dangerous building shall be deemed terminated upon the date the order declaring the building or structure a dangerous building becomes final. (10/14)

3.

A nonconforming use dependent upon a building or structure that is substantially damaged or destroyed by any cause, to the extent that the cost of repair or restoration would exceed 67 percent of the building or structure replacement cost using new materials and conforming to current building codes, shall be deemed terminated upon the date of such damage or destruction. Cost of repair or restoration, and replacement cost, shall be determined by the community development director based on information provided by the applicant, the valuation information used in the International Building Code, and other relevant evidence. (10/14)

4.

A nonconforming use dependent upon a building or structure that is redeveloped or renovated to the extent that the cost of redevelopment or renovation exceeds 67 percent of the building or structure replacement cost using new materials and conforming to current building codes shall be deemed terminated upon the date such redevelopment or renovation commences. Cost of redevelopment or renovation shall be determined by the community development director based on information provided by the applicant and the valuation information used in the International Building Code and other relevant evidence. (10/14)

5.

A nonconforming use which has terminated shall not be re-established. (10/14)

F.

Residential exception. Nonconforming single-family residences and associated accessory uses may be replaced within one year of the date of destruction without the need for a conditional use if the replacement is of closely similar scale and height. (10/14)

A.

Generally. Nonconforming development is any development which met the applicable city or county development standards imposed at the time the development was constructed, but which no longer complies with development standards due to the adoption of, or amendment to, the city's land use regulations, a change in the zone, or annexation of the property into the city. A nonconforming development may be continued until the development's nonconforming status is terminated as provided in subsection (D) of this section. (10/14)

B.

Ordinary repairs and maintenance. Nonconforming development may be repaired and maintained. (10/14)

C.

Alteration and enlargement. Unless the alteration or enlargement is undertaken in connection with a nonconforming use, a nonconforming development may be altered or enlarged, provided such new development complies with all applicable development standards of the KDC and all other applicable laws, ordinances, and regulations. (10/14)

D.

Termination of nonconforming development.

1.

Nonconforming development that is determined to be a dangerous building pursuant to city ordinances and state building codes shall be deemed terminated upon the date the order declaring the building or structure a dangerous building becomes final. (10/14)

2.

Nonconforming development that is redeveloped or renovated to the extent that the cost of redevelopment or renovation exceeds 67 percent of its replacement cost using new materials and conforming to current building codes shall be deemed terminated upon the date that such redevelopment or renovation commences. Cost of redevelopment or renovation shall be determined by the community development director based on information provided by the applicant, the valuation information used in the International Building Code, and other relevant evidence. (10/14)

3.

Nonconforming development that is substantially damaged or destroyed by any cause to the extent that the cost of repair or restoration of the development would exceed 67 percent of its replacement cost using new materials and conforming to current building codes shall be deemed terminated upon the date of such damage or destruction. Cost of repair or restoration, and replacement cost, shall be determined by the community development director based on information provided by the applicant, the valuation information used in the International Building Code, and other relevant evidence. (10/14)

4.

Nonconforming development which has terminated shall be brought into conformity with the applicable development standards or removed. (10/14)

Any lawfully established use that is listed as a special use in the applicable zone shall be considered a conforming use even though it may not conform to the ordinance requirements. The alteration, enlargement or replacement of a use or the structure or building occupied by the use shall require compliance with all of the requirements of this ordinance. (5/98)