This chapter shall be known and cited as the "City of Monticello Land Development Regulations Ordinance."

(Ord. No. 90-13, § 01.01, 8-7-1990; Ord. No. 2001-06, § 2(01.01), 11-6-2001)

(a)

F.S. ch. 163 empowers the city to enact a land development regulations ordinance and to provide for its administration, enforcement and amendment.

(b)

The city council deems it necessary for the purpose of protecting, promoting and improving the health, safety, comfort, order, appearance, convenience, morals, and general welfare of the city to enact such an ordinance.

(c)

The city council, pursuant to the provisions of F.S. ch. 163, has designated a local planning agency for the city.

(d)

The local planning agency has recommended and the city council has adopted a comprehensive plan.

(e)

The city council has given reasonable consideration to the most appropriate use of land throughout the city in conformance with the adopted comprehensive plan.

(f)

The city council has given due public notice of hearings relating to land development regulations, and has held such public hearings.

(g)

It is the desire of the city to revise and consolidate the existing land development regulation ordinances.

(h)

All requirements of F.S. ch. 163 with regard to the preparation of the land development regulations and subsequent action of the city council have been met.

(i)

The provisions of this chapter are hereby enacted and do hereby become the land development regulations ordinance of the city.

(Ord. No. 90-13, § 01.02, 8-7-1990; Ord. No. 2001-06, § 2(01.02), 11-6-2001)

(a)

The purpose of this chapter is to establish comprehensive controls for the development of land in the city based on the comprehensive plan, as defined, and designed to preserve the unique character of the city and enacted in order to protect, promote and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the people.

(b)

The objectives of this chapter are to provide for efficiency and economy in the process of development, for the appropriate and best use of land, for preservation, protection, development and conservation of the natural resources of land, water, and air, for convenience of traffic and circulation of people and goods, for the use and occupancy of buildings, for healthful and convenient distribution of population, for adequate public facilities and utilities, for promotion of the civic amenities of beauty and visual interest, and for development in accord with the comprehensive plan.

(Ord. No. 90-13, § 01.03, 8-7-1990; Ord. No. 2001-06, § 2(01.03), 11-6-2001)

(a)

For purposes of this chapter, the following rules of interpretation shall apply, except where the context clearly indicates a different meaning:

(1)

Words used in the present tense include the future tense.

(2)

Words used in the singular number include the plural, and words used in the plural include the singular.

(3)

The word "person" includes a firm, partnership, or corporation, association, organization, trust, company, or individual.

(4)

The word "lot" includes the word "plot" or "parcel."

(5)

The word "building" includes the word "structure."

(6)

The word "shall" is always mandatory and not merely directory. The word "may" is permissive.

(7)

The word "used" or "occupied" as applied to any land or building shall be construed to included the words "intended, arranged, or designed to be used or occupied."

(b)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to discontinue a use for more than 180 consecutive days.

Accessory dwelling unit (ADU) means a structure which is intended as a residential living unit with an independent means of ingress and egress on the same parcel of land as the principal dwelling unit it accompanies which may be attached to a single-family dwelling unit by a breezeway or is located in a detached structure and which provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, sanitation and parking.

Accessory structure means a structure or facility subordinate to the principal use or building on the same lot and serving a purpose customarily incidental to the use of the principal building, provided that any such structure or facility is built with or after the construction of the principal building and contains no living quarters. Accessory structures include detached garages, sheds, and private recreational facilities.

Alcoholic beverage establishment means any establishment devoted primarily to the retail sale of alcoholic beverages for consumption on and/or off the premises.

Alley means a right-of-way providing a secondary means of access and service to abutting property.

Alteration means any change, rearrangement, enlargement, extension, or reduction of any structure or part thereof, or relocation on the same site.

Animal hospital means any building or portion thereof designed or used for the veterinary care, surgical procedures, or treatment of animals, but not boarding of well animals.

Architect means a person licensed by the state to practice architecture.

Automobile repair garage means any building, structure, or land used primarily for automobile repair work, such as motor overhaul, body or fender repair, or spray painting. An automobile repair garage may also offer for sale at retail automobile fuels, oils, or accessories.

Automobile service facility means any building, structure, or land used for the dispensing, sale, or offering for sale at retail of automotive fuels.

Awning means an accessory structure, either temporary or permanent, which is supported by an open framework and is covered by cloth or metal material.

Bar. See Alcoholic beverage establishment.

Bed and breakfast home (host home) means a private residence or other structure on a homeowner's property (such as a guesthouse or cabin) that is used to accommodate paying guests overnight in which breakfast (either continental or full) is provided.

Boarding house (rooming house) means a building other than a hotel or motel where lodging with or without meals for three or more persons not of the immediate family is provided for compensation.

Building means any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.

Building height means the vertical distance from the average finished grade of all exterior corners to the highest point of the building, not including those structures specifically permitted to extend beyond the height of the building. On any site where construction is required to adhere to the base flood elevation, as established for the National Flood Insurance Act of 1968, the building height is the vertical distance from the first living level or the tidal floodplain, whichever is lower, to the highest point of the building not including those structures specifically permitted to extend beyond the height of the building.

Building setback means the required minimum horizontal distance between the front, rear, or side lines of the lot and the front, rear, or side lines of the building. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining building setback when the interior common lot line is straddled by the principal structure.

Building site means that part of a parcel of land designed to be occupied by the principal building and such accessory buildings or uses customarily incidental to it.

Cafeteria. See Restaurant.

Center line of street. That line surveyed and monumented by the governing body shall be the center line of the street, or if such a center line has not been surveyed, it shall be that line running midway between the outside curbs or ditches of such street.

Certified survey means a survey, sketch, plan, map, or other exhibit containing a written statement regarding its accuracy or conformity to specified standards which is certified and signed by the registered surveyor under whose supervision said survey was prepared.

Child care center means any establishment which provides care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care wherever operated and whether or not operated for profit. The term "child care center" shall include day nurseries, day care services, and day care agencies, but not foster homes.

City means the City of Monticello located within Jefferson County, Florida.

Clinic, medical, means a facility which does not provide for overnight accommodations and in which professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists, or any other such profession which may lawfully be practiced in the state.

Clinic, veterinary, means a facility which provides for outpatient care of animals wholly within a soundproof, air-conditioned structure, and wherein there are no overnight boarding accommodations for animals.

Club, private, means a building and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Common lot line means a line dividing one lot or parcel from another.

Comprehensive plan means the comprehensive plan, as defined by F.S. ch. 163, as adopted by the city, and which may consist of several maps, data, and other descriptive matter, for the physical development of the city or any portion thereof, including any amendments, extensions, or additions thereto, indicating the general location for major streets, parks, public utilities, land use, or other similar information.

Condominium means a form of ownership as defined by Florida Statutes.

County means Jefferson County, Florida.

Coverage. See Lot coverage.

Day nursery. See Child care center.

Density means the number of residential dwelling units permitted on a particular lot when the applicable zoning district minimum lot size for a one dwelling unit is multiplied by the aggregate acreage of said lot. Density is always expressed in terms of dwelling units per acre (d.u./ac.).

Development administrator means the officer or other designated authority charged with the administration and enforcement of this chapter, or his or her duly authorized representative.

Development rights means the number of residential dwellings units or the amount of commercial and/or industrial square footage which may be constructed on a particular parcel or lot as specified in the zoning district regulations.

District means any certain described area to which these regulations apply and within which the zoning regulations are uniform.

Dwelling unit (d.u.) means a single unit providing complete, independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling, multiple-family (apartment and condominium), means a building designed for and/or containing three or more dwelling units. The term includes adult congregate living facilities.

Dwelling, single-family means a building, including a manufactured building as defined in F.S. § 553.36(13), designed for and/or containing only one dwelling unit. It does not include a mobile home as defined in this section and in F.S. § 553.36(14).

Dwelling, two-family (duplex), means a building designed for and/or containing two dwelling units.

Easement means a grant by a property owner of the use of his or her land to another party for a specific purpose, and also includes any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Engineer means a person professionally licensed by the state to practice engineering.

Essential services means the erection, construction, alteration or maintenance by public utilities, city, county, or other governmental agencies of underground or overhead electrical, gas, potable water, sanitary sewer and communications transmission, distribution, or collection systems including related wires, mains, drains, sewers, pipes, conduits, cables, and utility substation facilities necessary for the furnishing of adequate services for the public health, safety, or general welfare.

Excavation means removal of 100 cubic yards or more of earth material for a purpose other than that incidental to and on the site of authorized construction.

Family means one or more persons occupying a dwelling, not more than three of whom are unrelated to each other by birth, adoption, or marriage. "Family" includes a community residential home, as defined in F.S. § 419.001(1)(a), with no more than six residents, and a family day care home, as defined in F.S. § 402.302(7).

Fence (garden wall) means any construction of wood, metal, wire mesh, masonry, or other materials which is erected for the purpose of privacy, protection, or ornamentation.

Frontage means the boundary line of a lot bordering on a public right-of-way.

Garage, private parking, means an accessory building designed or used for the storage of vehicles owned and used by the occupants of the principal building to which it is accessory.

Garage, public parking, means a building or structure designed or used for the storage of vehicles.

Garage, repair, means a building or establishment wherein the major repair of vehicles and vehicle-related accessories is conducted. The sale of fuels and motor oils and the rental of trailers may be permitted.

Governing body means the city council of the City of Monticello as legally constituted.

Grade (finish) means the finished elevation of a site after all fill, land balancing, or site preparations have been completed.

Home occupation means the occupation of an individual and/or members of his or her immediate family conducted entirely in their dwelling when such dwelling is the principal use of the property and all the conditions of this chapter for home occupations can be affirmatively evidenced and complied with.

Hotel or motel means a building or buildings under common ownership, interest, and single management, as licensed by the state, containing individual guest rooms for which daily or weekly lodging is provided for the more or less transient residence of individuals or families.

Hotel or motel efficiency means a unit within a hotel or motel, as defined herein, with individual sleeping and cooking facilities.

Hotel or motel unit means a unit within a hotel or motel, as defined herein, with individual sleeping facilities.

Junk means inoperative, dilapidated, abandoned, or wrecked materials, including but not limited to automobiles, trucks, tractors, wagons, boats, and other kinds of vehicles and parts thereof, scrap materials, scrap building material, scrap contractors' equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery and the like.

Junkyard means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking, and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations.

Kennel means an establishment where domestic animals are bred, boarded, or sold.

Landfill (earth, soil, and hard materials) means addition of 100 yards or more of earth, topsoil, sand, gravel, rock, concrete products, or bricks to any lot or parcel other than that incidental to and on the site of authorized construction.

Landscape architect means a person licensed by the state to practice landscape architecture.

Landscape area or green space means an area or areas, including beautification strips, consisting of materials such as, but not limited to, hedges, trees, planted ground cover, sodded and grassed areas, or planted floral installations, all of which must be composed of natural plantings only, as distinguished from artificially manufactured plant reproductions.

Loading space (berth) means a space which provides for the loading or unloading of service vehicles and has a minimum size of 12 feet in width, 30 feet in length, and 14 feet in height.

Lot includes tract or parcel and means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter, or other name through which it may be identified, and having frontage upon a public or private right-of-way or easement for ingress and egress purposes. (See Parcel.)

State Law reference— Similar provisions, F.S. § 177.031(16).

Lot area means the horizontal plane area within the lot lines expressed in this chapter in square feet or acres exclusive of public or private dedications.

Lot, corner, means a lot abutting upon two or more streets at their intersection or at a street corner having an interior angle not greater than 135 degrees. All boundaries abutting streets shall be considered front yards; all other boundaries shall be considered side yards.

Lot coverage means the area of the lot expressed as a percentage of the total lot area covered by the ground floor of all principal and accessory uses and structures, including all areas covered by the roof of such uses and structures measured along the exterior faces of the walls or along the foundation wall line or between the exterior faces of supporting columns or from the centerline of walls separating two buildings or as a combination of the foregoing whichever produces the greatest total ground coverage for such uses and structures.

Lot depth means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite mean rear line of the lot.

Lot, interior, means a lot other than a corner lot with frontage on one street only.

Lot line means the line bounding a lot, as herein defined, and as established by ownership, except that where a lot line lies within a private street or waterway, the edge of the private street right-of-way or waterway shall be considered to be the lot line for the purposes of calculating density, lot, yard, and bulk requirements.

Lot of record means a lot which is part of a subdivision recorded in the office of the clerk of the circuit court of the county, or a parcel recorded by metes and bounds at the time of adoption of the ordinance from which this chapter is derived.

Lot, through (double frontage), means an interior lot which has street frontages at opposite boundaries of the lot, excluding alleys.

Lot width means the horizontal distance between the side lot lines measured along the front building setback line of the lot as determined by the prescribed front yard requirements of the zoning district.

Mobile home means a structure constructed to standards promulgated by the United States Department of Housing and Urban Development, which is transportable in one or more sections on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It will have a title issued by the Florida Department of Highway Safety and Motor Vehicles. This definition does not include recreational vehicles or travel trailers.

Mobile home park means a tract of land prepared and approved according to this chapter to accommodate ten or more mobile homes.

Mobile home site means a space or plot of ground within a mobile home park or subdivision designated for the accommodation of not more than one mobile home.

Mobile home subdivision means a platted residential subdivision in which the dwelling units consist of mobile homes and accessory residential structures.

Modular home means a manufactured building as defined in F.S. § 553.36(13), designed for residential purposes in accordance with the Florida Building Code, which is also permitted, built and inspected in accordance with said code, and installed on a permanent foundation designed and build specifically for that home. It must have the manufacturer's data plate and the insignia from of the Florida Department of Business and Professional Regulation or successor agency of the State of Florida, on or about the structure's electrical panel.

Motel. See Hotel or motel.

Nonconforming lot means a single lot, tract, or parcel of land shown on either a recorded or unrecorded map, plat, drawing, or survey under the ownership of a single person, or combination of persons acting as a unit, where such map, plat, drawing or survey was in existence at the time of the adoption of the ordinance from which this chapter is derived, such lot failing to meet the requirements for area, width, and/or depth for any permitted use within the district in which it is located.

Nonconforming structure or use means a structure or land use legally existing at the time of the passage of the ordinance from which this chapter is derived, or amendment thereto, which does not conform to the provisions, requirements, and regulations of the district in which it is located.

Nursery school or kindergarten means any premises or portion thereof used for educational work or parental care of nonresident children of less than the age required for enrollment in the public school system, whether or not for compensation, as licensed by the state.

Nursing home or convalescent home means a home for the aged or infirm in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured as licensed by the state.

Office means a building, room, or space where clerical or administrative activities are performed or wherein specialized services, such as those of a doctor, dentist, lawyer, engineer, architect, chiropractor, osteopath, insurance agent, or real estate broker, are provided.

Official zoning map means the official zoning map of the city, which depicts the zoning district classifications of this chapter. Said map is herewith adopted by reference and shall not be changed except by order of the governing body as provided for herein.

Open space (permeable) means any portion of a lot or parcel not required, designated, or encumbered by either principal or accessory uses, buildings and structures, and other site uses, such as traffic circulation or parking. Such open area may be landscaped or retained in the natural state; however, no improvements or alterations will be permitted which would hinder the area's natural percolation of rainwater or storm water runoff.

Parcel means a tract of land which may be described by metes and bounds or plat. (See Lot.)

Parking lot means an open area used exclusively for the storage of motor vehicles, whether or not a fee is charged.

Parking space means an area, enclosed or unenclosed, sufficient in size to store one motor vehicle and permitting the necessary ingress and egress of a motor vehicle.

Permitted use means the specific purpose or purposes for which land or building are maintained in accordance with the zoning district regulations of this chapter.

Plat means any plan, map, sketch, chart or other graphic representation of the subdivision of land.

Plat of record means a plat which conforms to all the requirements of the applicable laws of the state and this chapter and which has been filed and recorded in the office of the clerk of the circuit court for the county.

Premises means any lot and/or all buildings and structures thereon.

Principal use or structure means a use or a structure in which is conducted the predominant or primary function or activity of the lot upon which it is located.

Property line. See Lot line.

Property owners' association means a nonprofit organization recognized as such under the laws of the state and operated under recorded land agreements through which each owner of a portion of a subdivision, be it a lot, home, property, or any other interest, is automatically subject to a charge for a prorated share of expenses, either direct or indirect, for maintaining common properties within the subdivision, such as roads, parks, recreational area, common areas, or other similar properties. Within the text of this chapter, a property owners' association is considered a single entity for property ownership.

Public notice means the legal advertisement given of an action or proposed action of a governing body as set forth in this chapter or applicable statutes of the state.

Recreation vehicle. The following types of vehicles are deemed recreation vehicles:

(1)

Travel trailer: A vehicular, portable structure built on a chassis and towed; designed to be used as a temporary dwelling for travel, recreation and vacation uses; permanently identified "travel trailer" by the manufacturer on the trailer; and, when factory equipped for the road, having a body width not exceeding eight feet and a body length not exceeding 32 feet.

(2)

Motor home: A self-powered vehicle designed to be used as a temporary dwelling for travel, recreation, and vacation uses.

(3)

Pickup coach: A structure designed to be mounted on a truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation, and vacation uses.

(4)

Camping trailer: A collapsible temporary dwelling structure covered with a water repellent fabric, mounted on wheels, and designed for travel, recreation, and vacation uses.

(5)

Auto camper: A lightweight, collapsible unit that fits on top of an automobile, and into the truck with the cover removed, and designed for travel, recreation, and vacation uses.

(6)

All terrain vehicles: Dune buggies, swamp buggies, and the like shall be considered recreation vehicles for the purposes of this chapter whether or not licensed as such by the state.

Rest home. See Nursing home.

Restaurant means an establishment where food is ordered from a menu, prepared, and served for pay, for consumption on the premises in a completely enclosed room, under the roof of the main structure or in an interior or exterior court, including a cafeteria but not a drive-in restaurant.

Restaurant, drive-in, means any food or beverage dispensing operation at retail to the general public where said public is served while remaining in automobiles or other motor vehicles, For purposes of this definition, fast food chains or operations shall be considered as drive-in restaurants.

Right-of-way means land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals, or governing bodies.

Service station. See Automobile service facility.

Setback means the distance between the lot line and the building line.

Shopping center means five or more commercial establishments, planned, developed, owned, and managed as an integral unit, with off-street parking provided on the property, and related in its location, size, and type of shops to the trade area which the unit serves.

Shrub means a low growing perennial, woody, evergreen plant with persistent stems.

Special exception (conditional use) means a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, and relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance or prosperity, and is permissible. Such uses may be in accordance with the procedures as set forth in this chapter.

State means the State of Florida and all its duly appointed agencies.

Store, convenience, means a small retail establishment which sells a general line of goods and products intended for the convenience of surrounding residents and whose gross floor area does not exceed 3,000 square feet.

Store, personal service, means an establishment which provides personal services directly to the consumer, such as barber shops, beauty shops, and dry cleaners, but which does not have as its primary function the sale of retail goods.

Store, retail, means an establishment which sells goods or products directly to the public for compensation whose gross floor area is 3,001 square feet or greater.

Street includes any access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those access ways such as easements and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements of ingress and egress.

Structural alteration means any change, except the repair or replacement, in the supporting members of a building such as bearing walls, columns, beams or girders, or the rearrangement of interior partitions and/or space affecting more than 20 percent of the total floor area of the building.

Structure means anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards, swimming pools, docks, poles, pipelines, transmission lines, tracks, and advertising signs.

Subdivision means the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided, and also includes a subdivision of any parcel of land for the purpose, whether immediate or future, of any transfer of ownership, right to possession or building development; also, the establishment of a street and the replatting of existing plats.

Surveyor means a person licensed by the state to practice land surveying.

Townhouse means a building or structure designed for and/or containing one dwelling unit and or intended for occupancy by not more than one family or household and attached to other similar buildings or structures by not more than two party walls extending from the foundation to the roof and providing two direct means of access from the outside. For the purpose of this chapter, a townhouse may include a building or structure in fee simple, condominium, cooperative or leasehold ownership or any combination thereof.

Trailer, house. See Mobile home.

Trailer, travel. See Recreation vehicle.

Use, accessory. See Accessory use.

Use, principal. See Principal use.

Variance means a relaxation granted by the city council as provided for herein of the area or dimensional requirements or other provision of this chapter, but not including use regulations, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

Vehicle means a conveyance for persons or materials as may be licensed by the state.

(Ord. No. 90-13, §§ 2.01, 3.08, 8-7-1990; Ord. No. 2001-06, § 2(02.01, 03.08), 11-6-2001; Ord. No. 2019-03, § 1, 6-4-2019; Ord. No. 2023-01, § 1, 1-5-2023)

In case of conflict between this chapter, or any part thereof, and any other existing or future ordinance or code, the most restrictive in each case shall apply.

(Ord. No. 2001-06, § 2(15.01), 11-6-2001)

If any part of this chapter is held to be unconstitutional or invalid for any reason, it is the council's intent that the remainder of this chapter shall be deemed and held to be valid as if the invalid part had not been adopted.

(Ord. No. 2001-06, § 2(15.02), 11-6-2001)

No development may be approved unless it is found that the development is in conformance with the comprehensive plan of the city and that the provision of certain public facilities will be available at prescribed levels of service concurrent with the impacts of the development on those facilities.

(Ord. No. 90-13, § 02.02, 8-7-1990; Ord. No. 2001-06, § 2(02.02), 11-6-2001)

If a development proposal is found to meet all the requirements of this chapter, it shall be presumed to be in conformance with the city's comprehensive plan in all respects except for compliance with the concurrency requirement. Any aggrieved or adversely affected party may, however, question the consistency of a development proposal with the city's comprehensive plan. If a question of consistency is raised, the development administrator or any of the appointed boards, or the city council, depending on which is responsible for approving the development, shall make a determination of consistency or inconsistency and support that determination with written findings.

(Ord. No. 90-13, § 2.03, 8-7-1990; Ord. No. 2001-06, § 2(02.03), 11-6-2001)

(a)

Continuation of use.

(1)

A use, building or structure, lawfully in existence at the effective date of the ordinance from which this chapter is derived, which shall be made nonconforming at the passage of such ordinance, or any applicable amendment thereto, may be continued, except as otherwise provided in this chapter.

(2)

A use, building or structure is, for the purposes of this chapter, a nonconforming use if the use, building or any physical characteristics of said use or building are not in full compliance with all regulations of the zoning district in which it is situated.

(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 and as follows:

(1)

Restoration. Any nonconforming structure which has less than 50 percent of its previous existing floor area made unsafe or unusable may be restored or reconstructed for its intended use, 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 one year after damages occur or such use shall not be rebuilt except as a conforming use.

(2)

Repairs. Normal maintenance repair 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)

Site alterations. Site alterations, including but not limited to off-street parking rearrangement or enlargement of nonbuilding recreational facilities of a nonconforming use, are permitted, provided that:

a.

The use is nonconforming because one or more physical characteristics, not including use, of the development are nonconforming.

b.

The proposed alterations do not increase the degree of nonconformity.

(c)

Termination of nonconforming uses and structures.

(1)

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

(2)

Partial destruction. When 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 structure as a nonconforming use shall thereafter be terminated.

(Ord. No. 90-13, § 02.04, 8-7-1990; Ord. No. 2001-06, § 2(02.04), 11-6-2001)