The Leesburg Land Development Code is consistent with and supportive of the comprehensive plan as prescribed by law.

(Ord. No. 04-27, § V(2.1), 5-10-04)

(a)

All fees for applications submitted to the city planning commission, board of adjustments and appeals, Leesburg Regional Airport Advisory Board and the code enforcement hearing master shall be established and approved by resolution of the City Commission of the City of Leesburg, Florida.

(b)

Such fees, once established, may be changed from time to time by resolution of the city. The application fees do not appear in this chapter, but are published as a part of the applicable adopted resolution. Any such fee increases shall be published in a local newspaper at least thirty (30) days prior to the hearing on the adoption of the resolution.

(Ord. No. 04-27, § V(2.2), 5-10-04)

The city commission may from time to time amend, supplement or repeal the regulations and provisions of this article including a change in zoning classification, a change of the conditional or regulations of any district or other provisions of the Land Development Code (new language), after public notice and hearings as provided by law and upon initiation by one (1) of the following ways:

(1)

On its own motion;

(2)

On petition from the owners of fifty-one (51) percent or more of the area involved in the proposed change;

(3)

On recommendation of the Leesburg City Planning Commission, or other designated recommending city board.

(Ord. No. 04-27, § V(2.3), 5-10-04)

The city planning commission, regardless of the source of the proposed change, shall hold a public hearing or hearings thereon, with due public notice, but shall in any case, if any change is to be considered by the city commission, the city planning commission shall submit in writing its recommendations on the proposed change to the city commission for official action. The city commission shall hold a public hearing thereof, with due public notice, if any change is to be considered and shall then act on the proposed change. If the recommendation of the city planning commission is adverse to the proposed change, such change shall not become effective except by an affirmative vote of a majority of the entire membership of the city commission, after due public notice.

(Ord. No. 04-27, § V(2.4), 5-10-04)

Application required. Whenever the fee simple owner of any property desires a change in zoning classification, a change of the conditions or regulations of any district or any other provision of this chapter, they shall make written application to the planning and zoning division in a form as provided by the city together with evidence that a deposit of the appropriate fee, as set forth. Exemptions to portions of the Code shall apply if the property owner and the city mutually enter into an agreement under the authority of the Florida Local Government Development Agreement Act, as set out in F.S. § 163.3229.

(Ord. No. 04-27, § V(2.5), 5-10-04; Ord. No. 18-03, § I, 2-12-18)

All changes, amendments or supplements to this chapter and to the official zoning map, which forms a part hereof, shall be adopted in accordance with the provisions of the applicable Florida Statutes.

(1)

Application.

a.

Application forms shall be provided by the planning and zoning division.

b.

The applicant shall attach to the application: an accurate plat or sketch of the parcel involved and a current tax receipt or copy of warranty deed as required on the checklist for application completion.

(2)

Public notice.

a.

A sign shall be posted ten (10) days prior to the public hearing. The sign shall be provided by the planning and zoning division and posted by city staff. The sign shall be no less than eighteen (18) inches in height and twenty-four (24) inches in width; lettering shall be at least three (3) inches in height and state the type of application requested; this sign shall be clearly visible to the street upon which the property faces.

b.

The city planning commission shall consider the matter at a public hearing and in those cases in which the planning commission is not vested with final decision making authority, make its recommendation to the city commission, within a reasonable time. At its discretion, the planning commission is authorized to hold public hearings on the matter. Such public hearings shall be advertised at least five (5) days before the date of the hearing in a local newspaper and a letter of public notice shall be forwarded to every owner of property within two hundred (200) feet of the area described in the application, as listed on the most recent tax roll maintained by the Lake County Property Appraiser. Signs shall be posted, and letters of notification sent, in accordance with the requirements of this section. In cases where rezoning is filed in connection with annexation, it is only necessary to send the certified letters for the rezoning to the property owners as described in this subsection.

(3)

Time limitations. After any decision or recommendation has been made by the city commission or planning commission, on any request brought before the planning commission, no application for the same or substantially similar request shall be submitted for a period of one (1) year from the date of the action.

(Ord. No. 04-27, § V(2.6), 5-10-04; Ord. No. 08-62, § I, 7-14-08)

(a)

This section shall apply to all projects which involve the construction of any facility other than single-family dwellings or minor appurtenances thereto (i.e. swimming pools, sheds, fences and the like); or a single duplex unit in a subdivision where a certificate of completion has been issued for the subdivision by the city.

(b)

Projects which are subject to site plan review also include land developments without structures such as parking lots or streets. Also included are projects which involve the alteration or conversion of existing structures or the change of use of a structure where the site or structure does not meet the current requirements of this chapter for the proposed new use.

(c)

Changes in use shall be evaluated as to the need for a complete site plan review, and possible modifications may be made by the planning manager to the requirements of this section, based on the nature of the change in occupancy or use, and the need for compliance with current regulations.

(d)

Any developments permitted under conditional use must additionally undergo the site plan approval process, unless otherwise determined by the city.

(e)

The provisions of this section, where appropriate, are to be applied both on-site and off-site of the development.

(f)

The approved site plan shall be the governing document for all such development. Where there are conflicts or discrepancies with other city policies, procedures, ordinances or regulations, the more restrictive requirements shall govern.

(Ord. No. 04-27, § V(2.7), 5-10-04)

An approved site plan is required prior to issuance of any building or other permits. It shall be unlawful for any person to construct, erect, or alter a building or structure for which a site plan is required by this section, or to develop, change or improve land for which a site plan is required, except in accordance with an approved site plan.

(Ord. No. 04-27, § V(2.8), 5-10-04)

The planning and zoning manager is authorized to promulgate, to alter from time to time, site plan application instructions which are in accordance with this section, and to assist those applying for a site plan. It will be the applicant's responsibility to assure that the current requirements of the City Code are met in each site plan submitted for approval. Among other items, these instructions shall include the following:

(1)

A notation as to those sections of the City Code which apply to site development criteria.

(2)

Applicant attendance at a pre-application conference with the planning division to discuss the prospective development prior to starting the site plan review process including the applicant's planner, engineer and/or landscape architect. The pre-application conference may be waived by the planning and zoning manager for small projects or others with unique circumstances. The planning division shall determine the necessity of requiring attendance at the pre-application conference by representatives of any other city departments.

(3)

A tentative schedule of the review process will be provided by the staff at the conference, and any additional requirements for the project will be identified.

(4)

The planning staff shall transmit a copy of the application package to the appropriate technical staff or the development review committee as determined by the planning and zoning manager for review and comment. Each application shall be subjected to a standard review process. The applicant will receive a copy of all staff comments.

(5)

After review of a site plan by staff or the DRC if required, the applicant shall supply six (6) sets of the plans with approved revisions as directed by the staff, for permitting.

(6)

Upon approval of the site plan, a final development order will be issued by the planning and zoning manager.

(Ord. No. 04-27, § V(2.9), 5-10-04)

Each applicable site plan sheet shall be prepared by a Florida licensed architect, engineer, landscape architect or surveyor as the context requires, and shall include the following items except as waived by the planning and zoning manager in writing at the pre-application conference:

(1)

Following the pre-application conference, the applicant shall submit typewritten site plan application, twelve (12) copies of the site plan sized twenty-four (24) inches by thirty-six (36) inches, along with one (1) copy of the city's site plan checklist as promulgated from time to time by the planning division, one (1) copy of fire flow calculations if applicable, three (3) sets of stormwater flow calculations and one (1) complete set of plans in electronic medium as requested by staff. Only complete sets of site plan drawings will be accepted.

(2)

All drawings must be the same scale except by such items or vicinity map, conceptual plan, etc. which maybe at a smaller scale if needed. The scale must be no smaller than one (1) inch equals one hundred (100) feet. Information may be combined in the drawings so long as they remain uncluttered and readable.

(3)

A statement listing the name of the applicant/developer; the name of the property owner if different from the developer; the name of the proposed development and a statement of all objectives giving the general purpose and character of the proposed development.

(4)

If the applicant is not the owner of the property, the applicant must include with the application a written statement signed by the property owner (whose signature must be notarized) which authorizes the applicant to apply for the specific purpose and location on behalf of the owner.

(5)

A vicinity map showing the location of the proposed site plan, relationships to surrounding streets and thoroughfares, existing zoning on the site and surrounding properties, and existing land uses on the site and on abutting properties.

(6)

All applications must be accompanied by a boundary and improvements survey signed and sealed by a surveyor licensed in the State of Florida, and by proof of property ownership in the form of a copy of the most current property tax bill.

(7)

A topographic survey showing existing contour intervals of one (1) foot for the site, extending fifty (50) feet beyond the site boundary, where practical, and including water surface elevations for all water bodies and the date obtained; and proposed finished elevations based on the most recent United States Geodetic Survey topographic data, prepared by a professional surveyor licensed to do business in the State of Florida.

(8)

A table showing acreage for the parcel under consideration and a table of proposed net and gross densities for residential land uses.

(9)

A statement and map describing the planned phases of the development, if any.

(10)

The site plan shall show all structures including roadways, sidewalks, parking lots, recreation areas, existing and proposed utilities, and exterior lighting installations.

(11)

All engineering calculations including but not limited to stormwater design, traffic impact analysis and fire flows, shall be signed and sealed by a professional engineer licensed in the State of Florida.

(12)

A landscape plan in accordance with City Code.

(13)

A statement of the traffic generated during the peak hours as based on the Institute of Traffic Engineers Trip Generation Manual, Fifth Edition (or the most current update or edition thereafter). The planning manager may, in his discretion, require a more detailed traffic impact analysis as determined at the pre-application conference, or as required by other provisions of this chapter.

(14)

Any other information identified in the pre-application conference or required by any part of the City Code, or listed on the site plan checklist.

(Ord. No. 04-27, § V(2.10), 5-10-04)

No building construction, site work, or land clearing, may begin until a final development order is issued, nor may any building construction, site work or land clearing begin until the city has received proof that all appropriate state agency and county agency and city permits have been issued, including but not limited to St. Johns River Water Management District stormwater permit, FDOT driveway/right-of-way permit, and/or county driveway/right-of-way permit. A land clearing permit may be issued by the planning division prior to any site clearing if preliminary approval is received pending St. John's permit. No building permit shall be issued by the city until the site plan receives final approval.

(Ord. No. 04-27, § V(2.11), 5-10-04)

Any proposed easements must be conveyed to the city, and the city commission must grant final approval to any proposed easements or other agreements with the developer, before a certificate of occupancy may be issued.

(Ord. No. 04-27, § V(2.12), 5-10-04)

An approved site plan will expire three hundred sixty-six (366) days after the date of issuance of the final development order, unless construction has substantially commenced on the site. Where actual construction has not substantially commenced within one (1) year of the issuance of the final development order, or where substantial progress has not been made during any six-month period following commencement of construction, the site plan shall be re-evaluated by federal, state, county and city permits, including but not limited to the city to determine the need for any additional site plan review.

(Ord. No. 04-27, § V(2.13), 5-10-04)

Approval of a site plan does not absolve the applicant from obtaining all necessary building permits, arbor permits, sign permits, driveway permits, applicable state agency permits, occupational licenses from both the city and Lake County, and paying all applicable fees, including impact fees due the city, the county or any other governmental body.

(Ord. No. 04-27, § V(2.14), 5-10-04)

All actions regarding a site plan application are based on the information provided on the documents submitted to the city by the applicant. Neither the applicant nor the applicant's successors in interest may change substantially the use or occupancy of the property without first obtaining approval of an amendment to the site plan. The applicant shall be responsible for all materials submitted to the city in connection with the site plan approval process and shall be bound by all material representations made to the city in connection with approval of the site plan, whether or not specifically noted in the final development order.

(Ord. No. 04-27, § V(2.15), 5-10-04)

(a)

No procession or parade, excepting the forces of the United States Armed Services, the military forces of this state, and the forces of the police and fire departments, shall occupy, march, or proceed along any street or roadway except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this article which may apply.

(b)

No sound truck or other vehicle equipped with amplifier or loudspeaker shall be driven upon any street for the purpose of selling, offering for sale, or advertising in any fashion except in accordance with a permit issued by the chief of police.

(c)

Section 25-121 shall not apply to any streets or roadways, or trucks driven down a street or roadway within or adjacent to real property with an ARD (age restricted development) zoning designation.

(Ord. No. 04-27, § V(2.16), 5-10-04; Ord. No. 22-54, § VI, 10-10-22)

(a)

Permit required. Except as otherwise provided in the City Code, it shall be unlawful for any person to erect, place, replace, construct, enlarge, move or convert any sign in the city, or cause the same to be done, without first obtaining a sign permit for each such sign from the building department as required by this division. This directive shall not be construed to require any permit for a change of copy on any conforming sign nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a valid permit exists.

(b)

Owner responsible. Owner of sign(s) shall be responsible for the sign permit being obtained.

(c)

Code administrator. The planning and zoning manager shall be the code administrator, or a representative shall be so designated, and is hereby authorized and directed to enforce and carry out all provisions of this division, in letter, in spirit and intent. The administrator is authorized to promulgate.

(d)

Application for a permit. The planning and zoning division shall be responsible for determining the suitability, location, legality, and approval of any particular sign as it pertains to this article. The building department shall be responsible for the construction materials and methods, inspections, and permitting of all such approved signs. Application for a sign permit shall be made to the building department, after approval by the planning and zoning department, upon a form provided by the building department.

(e)

Permit checklist. Each sign permit application shall be accompanied by such information as may be required to assure proper review for compliance with all appropriate laws and regulations of the city by the planning and zoning manager and building official to include:

(1)

Name and address of owner of the sign and owner of the premises where the sign is located;

(2)

Clear and legible drawings with description definitely showing location of the sign which is the subject of the permit and all other existing signs whose construction requires permits, when such signs are on the same premises;

(3)

Drawing showing the dimensions, construction supports, sizes, electrical wiring and components, materials of the sign and method of attachment and character of structural member to which attachment is to be made. The design, quality, materials and loading shall conform to the requirements of the Florida Building Code, Standard Electrical Code, and Standard Fire Code, all as adopted and amended by the city. If required by the building official, engineering data shall be supplied on plans submitted, certified by a duly licensed engineer.

(f)

Sign standards. Sign standards are provided in article VI of this chapter.

(g)

Conflict. If any portion of this division is found to be in conflict with any other provision of any zoning, building, fire safety or health ordinance of the Code of Ordinances of the city, the provision which establishes the higher standard shall prevail.

(Ord. No. 04-27, § V(2.17), 5-10-04)

Editor's note— Ord. No. 08-100, § 2, adopted Nov. 10, 2008, repealed § 25-123 which pertained to special events permits and derived from Ord. No. 04-27, § V(2.18), adopted May 10, 2004.

Cross reference— Special events, ch. 26.

(a)

Permit required to alter wetlands. It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge, clear, destroy, or alter any wetland, without obtaining a wetlands alteration permit from the St. Johns River Water Management District and such other appropriate jurisdictional agency as may be required.

(b)

Application procedure. Application shall be made to the city as part of the application for development plan approval, when applicable. Application submittal shall include the following information:

(1)

Copies of approved wetland alteration permit application made to the St. Johns River Water Management District or other applicable federal, state, and regional agency with jurisdiction over the wetlands on the site.

(2)

Permit issuance. The city shall accept approved wetland alteration permits issued by the St. Johns River Water Management District or other applicable federal, state, or regional agencies where such permits are deemed to completely address the requirements of this division. No final development order shall be issued by the city until the receipt of any or all such permits approving wetland alteration are issued.

(Ord. No. 04-27, § V(2.19), 5-10-04)

(a)

Lands to which this requirement applies. These requirements shall apply to all areas of special flood hazard within the jurisdiction of the city.

(b)

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study, City of Leesburg, Lake County, Florida, dated January 18, 1985, with accompanying maps and other supporting data, and any revision thereto are adopted by reference and declared to be a part of this article.

(c)

Establishment of building permit. A building permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities.

(d)

Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations.

(e)

Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(f)

Interpretation. In the interpretation and application of this article all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the city; and (3) deemed neither to limit nor repeal any other powers granted under state statutes.

(g)

Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur in rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. These requirements shall not create liability on the part of the City of Leesburg, Florida, or by any office or employee thereof, for any flood damages that result from reliance on this article or any administrative decision lawfully made there under.

(Ord. No. 04-27, § V(2.20), 5-10-04)

(a)

Permit required. No person shall conduct a development activity including the altering of natural grade of property, or subdivide or make any change in the use of land, or construct any stormwater management system or structure, or change in the size of an existing structure or system, except as exempted in this chapter, without first obtaining a permit from the planning and zoning manager or designee as provided herein.

(b)

Permit implementation. The requirements of this section shall be implemented, and shall be satisfied completely, prior to:

(1)

Final subdivision plat approval;

(2)

Issuance of a certificate of occupancy on approved site plan projects; and

(3)

Final inspection for all other projects.

(c)

City approval contingent on actions of other agencies. Approval of the stormwater management permit shall be contingent on approval of any required permit from the St. Johns River Water Management District but will not result in automatic approval of the stormwater management permit by the city engineer or designee.

(d)

Activities requiring a permit. For the purposes of this section, the following activities may alter or disrupt stormwater runoff patterns and shall, therefore, unless exempt in accordance with this chapter require a permit prior to the initiation of any project:

(1)

Clearing and/or construction for the drainage of land;

(2)

Replatting recorded subdivisions and the development of recorded and unrecorded subdivisions;

(3)

Changing the use of land and/or the construction of a structure;

(4)

Changing the size of one (1) or more structures;

(5)

Altering shorelines or banks of water bodies;

(6)

Increasing by two thousand (2,000) square feet or greater the impervious area of any parcel of land; and

(7)

Using natural or artificial water bodies for stormwater management purposes.

(Ord. No. 04-27, § V(2.21), 5-10-04)

Conditional uses, as enumerated in this division, shall be permitted only upon authorization, subsequent to a review, by the city planning commission, provided such uses shall be found by the city planning commission to comply with the following requirements and other applicable requirements as set forth in this article:

(1)

The use is a permitted conditional use as set forth in City Code;

(2)

The use is so designed, located, and proposed to be operated that the public health, safety, welfare and convenience will be protected;

(3)

The use shall not cause substantial injury to the value of other property in the neighborhood where it is to be located;

(4)

The use shall be compatible with adjoining development and the proposed character of the district where it is to be located;

(5)

Adequate landscaping and screening is provided as required in this article or otherwise required;

(6)

Adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets;

(7)

The use conforms to all applicable regulations governing the district where located, except as may otherwise be determined for a planned unit development;

(8)

A time limit of eighteen (18) months shall be required to initiate the conditional use;

(9)

The conditional use shall pertain to the conceptual site plan presented and any substantive changes will have to be resubmitted.

(Ord. No. 04-27, § V(2.23), 5-10-04)

The planning commission shall:

(1)

Hear and decide conditional uses;

(2)

Decide such questions as are involved in determining when conditional uses should be granted; and

(3)

Grant conditional uses with appropriate conditions and safeguards or deny conditional uses when not in harmony with the purpose and intent of this article.

(Ord. No. 04-27, § V(2.24), 5-10-04)

(a)

A sign shall be posted at least ten (10) days prior to the public hearing on the property. The sign shall be obtained from the Leesburg Planning and Zoning Division.

(b)

The sign shall be no less than eighteen (18) inches in height and twenty-four (24) inches in width; lettering shall be black on white background with the words "CONDITIONAL USE" in letters at least three (3) inches in height and clearly visible to the street upon which the property faces. The sign shall be obtained from the planning and zoning division.

(Ord. No. 04-27, § V(2.25), 5-10-04)

(a)

In granting any conditional use, the planning commission shall find that such grant shall not adversely affect the public interest.

(b)

In granting any conditional use, the planning commission, in addition to the standards enumerated in this article, shall prescribe appropriate conditions and safeguards in conformity with this article.

(c)

Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this article.

(d)

The planning commission shall prescribe a reasonable time limit within which the action for which the conditional use is required shall be begun or completed, or both.

(e)

Under no circumstances, shall the planning commission grant a conditional use permit which not a conditional use is permitted by this division in a specific zoning district.

(Ord. No. 04-27, § V(2.26), 5-10-04)

Any person aggrieved by any decision of the board of appeals or any officer, department, board or commission of the city, may apply to the circuit court in the judicial circuit where the city is located for judicial relief within thirty (30) days after rendition of the decision by the board of appeals. The proceedings in the circuit court shall consist either of a trial de novo, which shall be governed by the Florida Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the appellant.

(Ord. No. 04-27, § V(2.27), 5-10-04)

(a)

A sign or advertising structure existing within the city limits on the date of adoption of this sign code, or a sign or advertising structure existing in a area annexed to the city after the date of adoption of this sign code, which, by its height, square feet area, allocation, use, type, architecture or structural support does not conform to the requirements of this article shall hereafter be termed nonconforming and shall comply with the following requirements and amortization schedule.

(b)

All nonconforming portable commercial and industrial business signs shall be removed or brought into compliance by June 1, 2005.

(c)

All building signs exceeding primary frontage of one (1) square foot of sign area for each foot of building frontage or at least fifty (50) square feet of on-structure sign area shall be and secondary frontage of one-half (0.5) square foot of sign area for each foot of building frontage shall be considered nonconforming. All building signs except as referenced by this section shall be brought into compliance with this chapter at such time as they are enlarged, altered, relocated, reconstructed, substituted, or structurally altered or by June 1, 2009 which ever occurs first.

(d)

All nonconforming free standing signs except as referenced by this section shall be brought into compliance with this chapter at such time as they are enlarged, altered, relocated, reconstructed, substituted, or structurally altered (except for replacement of existing face panels) or by June 1, 2011 which ever occurs first.

(e)

The following provisions for converting existing nonconforming signs to ground signs is provided to encourage those affected owners of pole and roof signs, made nonconforming by this division, to bring those signs into conformance, owners may relocate the sign assembly from an existing support system to a ground sign. If such relocation takes place within twelve (12) months from the date of adoption of this division, the owners of such sign shall be entitled to:

(1)

An exemption from the maximum square footage requirements of the ground sign code to one hundred (100) square feet for a single use sign and one hundred and fifty (150) square feet for multiple use signs if utilizing the existing sign face currently located on the parcel.

(2)

An exemption from the maximum height requirements of the ground sign code up to fifteen (15) feet if utilizing the existing sign face.

(3)

A waiver of associated permitting fees.

(f)

All existing billboard signs, except for the Florida Turnpike, including those annexed into the city subsequent to December 3, 1981, legally constructed prior to December 3, 1981, and which are nonconforming because of location or size as provided by this article, shall be deemed to be pre-existing nonconforming signs and may remain as is, repaired and maintained until fifty (50) percent of the structure is removed, which ever occurs first, at which time such sign must be brought into full conformity with all sections of this article.

(Ord. No. 04-27, § V(2.28), 5-10-04)

(a)

Continuation of use. A use, building or structure, lawfully in existence at the effective date of the article, which shall be made nonconforming at the passage of this article or any applicable amendment thereto may be continued except as otherwise provided in this division.

(b)

Regulation of nonconforming uses and structures. No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or when required to do so by law or as follows:

(1)

Restoration. Any nonconforming structure which has less than fifty (50) percent of its previous existing floor area made unsafe or unusable may be restored, reconstructed, or used as before, provided that the floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within six (6) months after damages occur or such use shall not be rebuilt except as a conforming use.

(2)

Repairs. Normal maintenance, repairs and incidental alteration of a structure containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability; provided, however, that no structural alterations shall be made which would increase the number of dwelling units.

(3)

Expansion. Nonconforming uses and structures which exist at the adoption of this article may be allowed one (1) expansion. Such expansion must not exceed twenty-five (25) percent of the total floor area. Such expansion must not create additional nonconformities.

(c)

Termination of nonconforming uses and structures.

(1)

Abandonment. A nonconforming use not used for a period of six (6) months or the change of use to a more restricted or for any period of time shall be considered abandonment thereof and such nonconforming use shall not thereafter be revived.

(2)

Partial destruction. When fifty (50) percent or more of the existing floor area of a nonconforming structure is destroyed by fire or other casualty or act of God and as a result becomes unsafe or unusable, the use of such structures, as a nonconforming use, shall thereafter be terminated.

(Ord. No. 04-27, § V(2.29), 5-10-04)

(a)

The regulations prescribed by this division shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of February 26, 1962 or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to February 26, 1962, and is diligently prosecuted.

(b)

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the city.

(c)

Permit for future uses. Except as specifically provided in this subsection (a), no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created, unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed in this division. If such determination is in the affirmative, the permit shall be granted.

In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone.

(Ord. No. 04-27, § V(2.30), 5-10-04)

(a)

Continuation of use. A use, existing developed site, building or structure, lawfully in existence at the effective date of the article, which was nonconforming at the time this section was enacted, or made nonconforming by the passage of this section or any applicable amendment thereto may be continued except as otherwise provided in this division.

(b)

Regulation of nonconforming uses, sites and structures. No existing developed site, building or premises which does not conform in one (1) or more ways to any requirement of this code shall not be redeveloped, enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming site or use, or when required to do so by law, or as follows:

(1)

Restoration. Any nonconforming site, sign or structure which has less than fifty (50) percent of its previous existing site or floor area made unsafe or unusable may be restored, reconstructed, or used as before, provided that the site or floor area of such use, building or structure shall not exceed the site or floor area which existed prior to such damage. All repairs shall be completed within six (6) months after damages occur or such site or structure shall not be rebuilt unless brought into compliance with this code.

(2)

Repairs. Normal maintenance, repairs and incidental alteration of a site or structure which does not comply with this code or which contains a nonconforming use is permitted, provided it does not extend the area or volume of the structure or space occupied by the nonconforming use. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability; provided, however, that no structural alterations shall be made which would increase the number of dwelling units, or the size of the nonconforming structure.

(3)

Expansion. Nonconforming uses, sites and structures which exist at the adoption of this article may apply for one (1) expansion with site plan approval. Such expansion must not exceed twenty-five (25) percent of the site or total floor area. Such expansion must not create additional nonconformities, objectionable, undesirable or out of character nuisances in the zoning district where located.

(c)

Termination of nonconforming uses and structures.

(1)

Abandonment. A nonconforming sign, site or use which is not used or which is vacant (not operated without interruption) for a period of one (1) year, or the change of use to a more restricted use for any period of time, shall be considered terminated and/or abandoned thereof and such nonconforming sign, site or use shall not thereafter be revived without being brought into compliance with this section.

(2)

Partial destruction. When fifty (50) percent or more of the existing floor or site area of a nonconforming structure or site is destroyed by fire or other casualty or act of God and as a result becomes unsafe or unusable, the sign, site or use of such property, as a nonconforming use of the property, shall thereafter be terminated.

(3)

Termination or required modification of certain uses. Each of the nonconforming properties, structures, signs or uses specified is deemed sufficiently objectionable, undesirable and out of character in the zoning district in which such use or structure is located as to depreciate the value of the property and uses permitted in the district and otherwise inhibit the proper and orderly development of such district. Therefore, each such nonconforming property, use or structure, once determined to be terminated and/or abandoned under this section, shall be required to comply with requirements per this section in the event of any change in use.

(4)

Site design requirements. Site design requirements of nonconforming properties required to comply with this section shall include landscaping along the front property boundary adjacent to the street corridor and adjacent to the building façade visible to the corridor. In addition, existing pole and building signs shall be brought into compliance with monument sign and building sign requirements for the property visible to the corridor. Adjustments of site improvements required by this section shall be determined by the community development director as related to the overall corridor design improvements.

(Ord. No. 14-13, § I, 3-24-14)