Seward City Zoning Code
PART 9
Nonconforming Development
§ 410-43.1 Purpose.
The purposes of this article are:
A.
To allow for reasonable use of legally created lots of record that do not meet current minimum requirements for their respective zoning districts.
B.
To provide for reasonable use of legally constructed structures that do not meet current site development regulations for their respective zoning districts.
C.
To allow for the reasonable continuation of legally established uses that do not meet current use regulations for their respective zoning districts.
D.
To limit the continuation and provide for the gradual replacement of nonconforming uses.
§ 410-43.2 Applicability to uses and structures.
Regulations for nonconforming uses are in addition to regulations for nonconforming structures. In the event of a conflict, the most restrictive regulation shall apply.
§ 410-43.3 Nonconforming lots.
A.
Preexisting lots of record. Nonconforming lots of record existing at the time of the adoption of this chapter shall be exempt, unless otherwise provided, from the minimum lot area and lot width requirements of each zoning district. Such lots may be developed with any use allowed by the regulations for the district and must comply with all other site development regulations set forth by the zoning regulations.
B.
Reductions due to public acquisition. If a portion of a legally existing lot in any district is acquired for public use, the remainder of this lot shall be considered a conforming lot.
§ 410-43.4 Nonconforming structures. [1]
These regulations apply to buildings and structures that were constructed legally under regulations in effect before the effective date of these regulations or any amendments thereto making a structure nonconforming.
A.
Continuation. A lawful nonconforming structure existing on the effective date of this section may be continued, repaired, maintained, or altered, subject to the provisions of this section.
B.
Additions or enlargements to nonconforming structures.
(1)
A lawful nonconforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:
(a)
The enlargement or addition, when considered independently of the existing building, complies with all applicable setback, height, off-street parking, and landscaping requirements.
(b)
The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height and off-street parking regulations applicable to its zoning district.
(c)
The addition projects no further into a required side yard setback than the existing building; the length of the side wall of the addition is the smaller of 25 feet or 50% of the length of the existing nonconforming side wall; and the enlarged building complies with building and impervious coverage, front and rear yard setbacks, and height regulations applicable to its zoning district.
(2)
No permitted addition to a nonconforming structure may place a wall within 10 feet of a window of an adjacent preexisting residential structure.
(3)
Nonconforming buildings shall be limited to one addition or enlargement pursuant to these regulations.
C.
Moving of nonconforming structures. A lawful nonconforming building or structure shall not be moved in whole or in part to another location on its lot unless every part of the structure conforms to all site development regulations applicable to its zoning district.
D.
Repair of nonconforming structures. A lawful nonconforming building damaged by fire, explosion, storm or other calamity, except flood damages, may be repaired and reconstructed, provided there is no increase in the degree of nonconformity.
E.
Conversion of a conforming building. A conforming building shall not be changed in any way that will result in a nonconforming development.
F.
Applicability of landscaping and screening regulations. A preexisting structure, building, or development shall be exempt from Article 33, Landscaping and Screening Standards. However, any expansion of such structure, building, or development or any adjacent new development onto property that is or becomes vacant on or after the effective date of these regulations shall be subject to Article 33.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 410-43.5 Nonconforming uses.
A.
Continuation of nonconforming uses.
(1)
Any nonconforming use lawfully existing on the effective date of these regulations may continue, subject to the limitations of this section.
(2)
Whenever the use of a premises becomes nonconforming through a subsequent change in the Unified Land Development Ordinance or zoning district boundaries, such use may be continued or changed to another nonconforming use of the same or lesser intensity if approved by the City Council at a public hearing following a public hearing by the Planning Commission, including its recommendation to the City Council.
B.
Change of nonconforming uses. A nonconforming use may be changed to another nonconforming use of the same or lesser intensity, as measured by the impact rating in the Use Matrix,[1] provided an application for such change is first approved by the City Council after public hearing and recommendation of the Planning Commission.[2]
[1]
Editor's Note: The Use Matrix is included as an attachment to this chapter.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Enlargement of nonconforming uses. A building or structure housing a lawful nonconforming use may not be added to or enlarged.
D.
Abandonment of nonconforming use.
(1)
If any structure or property used as a lawful nonconforming use becomes vacant or unused for a continuous period of 12 months, any subsequent use must conform to all use regulations applicable to the property's zoning district.
(2)
If a structure housing a nonconforming use converts to a conforming use, it forfeits any further claim to nonconforming use rights.
E.
Allowance for repairs. Repairs and maintenance of a structure occupied by a nonconforming use may be made, provided that no structural alterations are made other than those required by law.
F.
Damage or destruction of structures. Should a structure occupied by a lawful nonconforming use be damaged to the extent that the cost of restoration exceeds 60% of the replacement cost of the structure, the nonconforming use shall no longer be permitted.
G.
Nonconforming uses and conditional use permits. A lawful preexisting use that requires a conditional use permit in its zoning district shall be presumed to have the appropriate permit and shall be considered a conforming use. The use shall be subject to the regulations governing lapses or revocation of permits, set forth in Article 44.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).