1. 1.
   Published notice is given by publication in the officially designated city newspaper. 
2. 2.
   Mailed notice must be mailed by regular first-class mail. The City mails the notice. When the notice has been properly addressed and deposited in the mail, failure of a party to receive mailed notice will not invalidate such notice.
3. 3.
   Posted notice must be given by a sign provided by Community Development and posted on the property that is the subject of the land use action in one or more locations that are visible from a public street. The sign must be posted at least 20 days prior to the public hearing.

1. 1.
   Urban Service Area. For property in the Urban Service Area, applicant will file with the Riley County Planning Director, who will coordinate the review of the application with the City.
2. 2.
   Urban Area. For property in the Urban Area, the applicant will file with the Riley County Planning Director.

1. 1.
   Submittal. Every application for an approval or permit required by this Chapter for submission to the City will be on forms provided by the Zoning Administrator. The application forms include the basic submittal requirements for each type of application, but the applicant may be required to provide additional information if deemed necessary to adequately evaluate the proposed land use action's impacts.
2. 2.
   Fee. The application fee must be submitted with the application. The Director of Community Development has the authority to set application fees in consultation withe the City Manager.

1. 1.
   Internally consistent and submitted with fully completed application forms and the corresponding attachments and fees.
2. 2.
   Prepared by qualified professionals (where such qualifications are required), and signed and certified, as required.
3. 3.
   Technically, numerically, and/or graphically sufficient to demonstrate compliance with all applicable standards of this Chapter and other applicable City codes and requirements.

1. 1.
   Revised Submittal. The applicant has 20 business days from the date on the written notice to submit the materials to complete the application.
2. 2.
   Failure to Revise Submittal. If an applicant does not file the required materials within 20 business days—notwithstanding a good-faith effort and substantial progress toward providing required materials—or fails to submit a complete application after two rounds of review, then the application will be deemed “withdrawn.” The application fee will not be refunded.

1. 1.
   Applications requiring modifications of the application details or site plan as a condition of approval must be returned to the Zoning Administrator for review within 30 calendar days of conditional approval or the application will be considered withdrawn. The Zoning Administrator may grant a maximum 30-calendar-day extension upon written request of the applicant. No subsequent approvals may take place until the required modifications are complete.
2. 2.
   Preliminary plats that are conditionally approved are not subject to the preceding time limits. The written approval of the Planning Board will explain and schedule how and when the conditions need to be satisfied.

Continuances of Public Hearings. The hearing body may continue a public hearing to a later date after the public hearing has been opened. The hearing body must choose one of the following options:

1. 1.
   Continue. Continue the hearing to a certain new date and time, announced in open session.
2. 2.
   Close. Close the hearing and re-notify the public of any future hearing.

Continuances of Governing Body Consideration. An item for consideration by the governing body may be continued, as follows:

1. 1.
   By applicant request. If the applicant makes a written request to Community Development by the end of business on the Thursday prior to the governing body meeting at which the applicant’s item will be considered, Community Development will reschedule the item to the next regular meeting. The applicant will be entitled to only one continuance.
2. 2.
   By staff request. Community Development may reschedule the item if the governing body’s meeting is cancelled or if, prior to the scheduled meeting, other exigent circumstances arise.
3. 3.
   By governing body motion. During the public meeting, the governing body may, by motion, continue the item to a date certain. 

Withdrawal. An applicant may withdraw an application, either:

1. 1.
   Prior to a Hearing. In writing prior to a public hearing at which the application is to be considered.
2. 2.
   During a Hearing or Public Meeting. On the record, during a public hearing or at the public meeting when the application is being considered, provided the withdrawal occurs before the body makes a recommendation or takes final action on the application.

Exceptions. The Zoning Administrator may allow an exception to this provision if one of the following is found:

1. 1.
   The new application is substantially different from the denied application.
2. 2.
   There has been a material change of circumstances that justifies consideration of a substantially similar application.
3. 3.
   The new application is submitted at least one calendar year after the date the written denial is issued.

Non-Administrative Extension

1. 1.
   Unless otherwise provided in the approval, the Planning Board or BZA may grant or deny an extension of the period of validity for an approved type II application. This will be a consent item.
2. 2.
   Who Takes Action. The reviewing authority that granted the original approval will take action on the extension request.
3. 3.

   Review Criteria. The applicable reviewing authority may grant the request after the hearing if the applicant demonstrates that:

   1. a.
      There is good and reasonable cause for the request.
   2. b.
      There are no new or changing conditions in the surrounding area that would change the original recommendation of approval.
   3. c.
      There are reasonable assurances that the applicant will perform the work authorized by the approval within the extended term.

1. 1.
   Registration Process. The Zoning Administrator will establish a process for the registration of nonconforming uses, and will develop and provide the required registration forms.
2. 2.

   Registration Determination and Appeal. The Zoning Administrator will determine the qualification of a use for registration under this Division and render a decision to the applicant as a Type I decision.

3. 3.

   Revocation. The Zoning Administrator may revoke an approved registration if a nonconforming use is discontinued pursuant to Sec. 26-8E-9, Discontinuance, or if  it is later discovered that the evidence submitted to support the registration was false, or upon the discovery of additional information.

4. 4.

   Evidentiary Considerations. In determining the qualification of a use for registration under this Division, the Zoning Administrator will consider all relevant and material evidence, whether submitted by the applicant, by any other person supporting or opposing the registration application or registration determination, or otherwise available to the Zoning Administrator. Relevant evidence is materials that tend to show the lawful or unlawful establishment of a use and whether the use has been continued since such time. Relevant evidence may include the following examples:

   1. a.
      Building permits, certificates of occupancy, licenses, or other permits issued by a governmental entity.
   2. b.
      County appraisal information.
   3. c.
      Photographs, video, or other visual types of evidence that can be verified as predating the effective date of the code provisions involved.
   4. d.
      Contracts, deeds, or other legal instruments that are dated, whether or not recorded or filed in any public office.
   5. e.
      Books, magazine articles, or newspaper clippings that are dated.
   6. f.
      Tax returns, receipts, or other financial records that are dated.
   7. g.
      Statements made by witnesses, in the form of affidavits, that are made based upon personal knowledge.

Maintenance and Repair

1. 1.
   The registered nonconforming use must discontinue if the structure it is located within is damaged to the extent of 50 percent or more of its fair market value by fire, wind, tornado, earthquake, or other non-criminal calamity. A registered nonconforming use that is primarily conducted outside of a building must discontinue if its inventory and equipment is damaged to the extent of 50 percent or more of its fair market value by fire, wind, tornado, earthquake, or other non-criminal calamity.
2. 2.
   The owner of any structure devoted to a registered nonconforming use protected under this Division may conduct repairs and maintenance to keep a structure in sound condition provided they do not increase the degree of nonconformity as determined by the Zoning Administrator.
3. 3.
   Renovation or remodeling of a registered nonconforming use is permitted provided it does not increase the degree of nonconformity as determined by the Zoning Administrator. Renovations or remodels may include repairing, updating, or replacing the following:

   1. a.
      Fixtures
   2. b.
      Finishes
   3. c.
      Utility systems
   4. d.
      Non-structural cladding
   5. e.
      Windows and doors
   6. f.
      Roofing
   7. g.
      Non-structural features increasing energy efficiency.

Expansion of a Registered Nonconforming Use. Any expansion of a nonconforming use is prohibited unless approved through a conditional use permit as set forth in 26-9D-8, Conditional Use for Registered Nonconforming Use.

1. 1.
   Expansion will include:

   1. a.
      Changes of nonresidential use categories.
   2. b.
      Changing to a more intensive nonresidential use within the use category.
   3. c.
      An increase in the number of bedrooms and/or bathrooms.
   4. d.
      An increase to the gross floor area of the structure.
2. 2.
   An expansion will not include modifications to walls or arrangement of spaces that do not result in a net gain of bedrooms, kitchens, or floor space.

Adjustment of a Registered Nonconforming Use. An applicant may request that the Zoning Administrator amend the registration of a registered nonconforming use, and the Zoning Administrator will grant such request and amend the registration for the following types of changes:

1. 1.
   A registered nonconforming non-residential use may be changed to another similar or less intensive use within the same use category as determined and approved by the Zoning Administrator. The Zoning Administrator may use the following factors to determine if the proposed use is similar or less intensive:

   1. a.
      If the required parking for the proposed use complies with Subsec. 26-7B-3C, Change of Use (Minimum Parking).
   2. b.
      The proposed use will employ similar or fewer number of employees.
   3. c.
      The proposed use will have similar business hours.
2. 2.
   A registered nonconforming residential use may be changed to a less intensive nonconforming residential use as determined and approved by the Zoning Administrator. Changing a nonconforming residential use to a less intensive use precludes subsequent reversion to a more intensive use not permitted by zoning.
3. 3.
   A commercial use in a residential district that does not permit commercial uses in standard development may be changed to another similar or less intensive use within the same use category as determined and approved by the Zoning Administrator.
4. 4.
   If the Zoning Administrator cannot reasonably determine whether the requested change in use meets the requirements of this paragraph, then they may defer the decision to the Planning Board pursuant to Subsec. 26-8E-3E, Expansion of a Registered Nonconforming Use, above.

1. 1.

   Remodeling of a nonconforming structure devoted to a conforming use may occur within the existing footprint of the structure.

2. 2.

   Any nonconforming structure damaged to the extent of less than 50 percent of its fair market value by fire, wind, tornado, earthquake, or other non-criminal calamity, not including the willful act of the property owner,  may be rebuilt, provided such rebuilding does not increase the degree of nonconformity.

3. 3.

   With the exception of historic structures as set forth in paragraph 26-8E-4B-4, any nonconforming structure damaged to the extent of 50 percent or more of its fair market value by fire, wind, tornado, earthquake, or other non-criminal calamity may not be rebuilt, repaired, or used, unless the structure and use(s) conforms to all requirements of this Chapter. This standard will apply to both the use and the structure. 

4. 4.

   When a nonconforming historic structure is damaged or destroyed to any extent, and by any means, other than the willful act of the owner, such structure may be restored and its use at the time of damage may continue if a building permit is issued and restoration/reconstruction is begun within three years of the damage, is diligently pursued to completion, and no greater nonconformity exists than existed prior to the damage.

5. 5.
   The rebuilding or repair of a structure in a Community Special Flood Hazard area must comply with the requirements of Division 26-6B, Flood Hazard Reduction.

Enlargement, Expansion, and Relocation. An enlargement or expansion that does not increase the degree of nonconformity is permitted. If a nonconforming structure is relocated within the City limits, it must be placed in a location and manner that conform to the requirements of this Chapter.

Unsafe Structures. Nothing in this Division will be construed to permit the continuing occupation of a structure that is found to be uninhabitable due to violations of applicable City codes.

1. 1.
   Change of copy. The alteration or change of the copy of a nonconforming sign by replacing sign panels will be permitted, as long as such alteration or change does not change the sign’s dimensions, structure, type of illumination, or operational characteristics, or otherwise increase its area.
2. 2.
   Repair or replacement. The repair or replacement of a nonconforming sign, which is necessary due to acts of God, or due to actions or inactions that are not attributed to the sign owner or property owner, will be permitted, as long as the repair or replacement does not change the sign’s dimensions, structure, type of illumination, or operational characteristics, or otherwise increase its area. In the case of replacement, a sign permit will be required.
3. 3.
   Normal maintenance. The normal maintenance and repair of a nonconforming sign, as required by Sec. 26-7D-3, Maintenance, Repair, Removal, and Abandonment, will be permitted, as long as the normal maintenance and repair does not change the sign’s dimensions, structure, type of illumination, or operational characteristics, or otherwise increase its area.

1. 1.
   If the nonconforming sign is removed due to actions or inactions that are attributed to the sign owner or property owner, pursuant to Sec. 26-7D-3, Maintenance, Repair, Removal, and Abandonment; or
2. 2.
   If the nonconforming sign is abandoned, pursuant to Sec. 26-7D-3, Maintenance, Repair, Removal, and Abandonment.

Signs for Legal Nonconforming Uses. Any new or additional sign for a nonconforming use must comply with Division 26-7D, Signs, for the zoning district that the nonconforming use is located within. Provided that, any new or additional sign to be installed for a nonconforming use that would not comply with this Division may be approved through a conditional use permit.

1. 1.
   Where the area of a nonconforming lot conforms for some uses permitted in the base district or applicable overlay district, but not for other permitted uses, then that lot will be used for the permitted use or uses it conforms to.
2. 2.
   If a lot fails to conform to the applicable requirements of the zoning district or the applicable overlay district, then the lot may be used only for those permitted uses in that zoning district requiring the smallest minimum lot area, or a single-family home if located in a residential district.
3. 3.
   The allowances of the preceding paragraphs do not apply to new development on vacant lots in the RH, High-Density Residential district; RC, Urban Core Residential district; or the O-RD, Redevelopment Design overlay district. The applicable minimum lot requirements will apply in those districts.

1. 1.
   Front-Yard Setback. No reduction allowance.
2. 2.
   Street-Side-Yard Setback. The minimum street side-yard setback for a nonconforming lot is five feet, plus one-half foot for each foot of lot width above 28 feet, up to the minimum setback required by the zoning district or applicable overlay district.
3. 3.
   Interior-Side-Yard and/or Rear-Yard Setbacks. The minimum interior side-yard setback and/or rear-yard setback for the principal structure is five feet, or 10 percent of the lot width, whichever is greater, up to the minimum setback required by the zoning district or applicable overlay district. This provision does not require a setback when none is required by the district standards.
4. 4.
   Height and Building Coverage. Development must comply with the height and building coverage requirements of the base district and any applicable overlay district.

1. 1.
   If the consolidated lots contain sufficient area and lot width for the actual or proposed use, then they will be deemed fully conforming.
2. 2.
   If the lots together do not provide sufficient lot area and/or lot width for the actual or proposed use, they will nonetheless be consolidated for purposes of reducing the degree of nonconformity.
3. 3.
   When a nonconforming lot has been consolidated with the adjacent lot, such lots will not again be used as separate lots unless they are lawfully subdivided.

1. 1.
   Any increase to the gross floor area exceeding 30 percent;
2. 2.
   Construction, remodeling, or other alterations that exceed 50 percent of the fair market value of the structure; or
3. 3.
   For non-residential uses only, any change in use to a more intensive permitted use that requires a building permit or certificate of occupancy.

1. 1.
   The owner’s intent to abandon the use is apparent.
2. 2.
   The building or structure has been removed through the applicable procedures for the condemnation of unsafe structures.
3. 3.
   The owner has physically changed the building or structure or its permanent equipment in such a way as to indicate clearly a change in use or activity to something other than the nonconforming use.
4. 4.
   The lot has been vacant or the use discontinued for six consecutive months where the nonconforming use is one that is conducted primarily outside of a building.
5. 5.
   The use has been discontinued for 24 consecutive months where the nonconforming use is one that is conducted primarily inside of a building.
6. 6.
   The building or structure has been damaged to the extent of 50 percent or more of its fair market value by fire, wind, tornado, earthquake, or other non-criminal calamity.

1. 1.
   The failure to license a nonconforming mobile or manufactured home park lot pursuant to Chapter 19, Licenses; Sec. 19-38, Mobile Home Parks, of the Code of Ordinances, for a period of 12 consecutive months will constitute abandonment of the nonconforming use for that lot. Such lot may not be subsequently licensed by Sec. 19-38, Mobile Home Parks, and has lost its allowed nonconforming use.
2. 2.
   The failure to occupy a nonconforming mobile or manufactured home park lot for a period of 24 consecutive months will constitute an abandonment of the nonconforming use for that particular lot. A lot will be considered occupied if the manufactured or mobile home meets the minimum requirements for a residential occupancy permit and utilities have not been disconnected.