A.

Purpose. This article governs uses, buildings, structures, lots, and other situations that came into existence legally prior to the effective date of this UDC or the effective date of future amendments to this UDC, but do not comply with or conform to one or more requirements of this UDC. All such situations are collectively referred to as "nonconformities."

B.

General policy. While existing legal nonconformities may continue, this article is designed to curtail substantial investment in nonconformities to bring about their eventual improvement or elimination to preserve the integrity of this UDC and the character of Shawnee. Any existing legal nonconformity or site condition that becomes nonconforming because of any subsequent rezoning or amendment to this text of this UDC may be continued or maintained only pursuant to this article. Also, this article intends to reduce vacancies, promote appropriate redevelopment and re-use of existing structures and lots, and establish requirements.

C.

Applicability.

1.

This article applies to any nonconformity. A "nonconformity" means any of the following on the effective date:

a.

Nonconforming use (section 22-243);

b.

Nonconforming structure (section 22-244);

c.

Nonconforming lot (section 22-245);

d.

Nonconforming sign (section 22-246); or

e.

Nonconforming site plan improvements (section 22-247).

2.

For the purpose of this article, the "effective date" means the effective date of this UDC or any amendment to this UDC that creates a nonconformity.

D.

Generally.

1.

Continuation of nonconformities. Except provided below, the lawful use of a building or structure existing at the time of the adoption of this UDC may continue, even if the existing use, building, or structure does not conform to the provisions of this UDC for the district where it is located.

2.

Removal of building or structure. If a nonconforming use, building, or structure is removed from a lot, the nonconformity terminates. Any use, building, or structure established or constructed after that time shall comply with the provisions of this UDC in effect at that time.

3.

Replacing damaged buildings or structures.

a.

If a nonconforming building or structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of the UDC.

b.

In the case of partial destruction of a nonconforming building or structure not exceeding 75 percent of its reasonable value, reconstruction will be permitted by size and function, and cannot be expanded.

c.

A nonconforming building or structure or group of nonconforming buildings or structures that is damaged by disaster such as fire, flood, explosion, earthquake, tornado, highspeed natural wind, war, or riot, may be reconstructed or replaced subject to this article and erected as before if:

i.

The application for a permit is submitted within one year of the disaster;

ii.

The restored or reconstructed building or structure does not exceed the square footage of the area as it existed before the disaster; and

iii.

The building or structure meets the Shawnee building code.

4.

Applications. The city will not process applications if there is a nonconformity, unless:

a.

The application brings the property into conformity with this UDC; or

b.

The application is otherwise permitted by this UDC.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Applicability. This section applies to any "nonconforming use," defined as a use that lawfully occupies a building or land on the effective date and that:

1.

Is no longer permitted in the applicable zoning district; or

2.

Would require a conditional use permit in the applicable zoning district.

B.

Generally. No existing building, structure, or premises devoted to a use not permitted by this UDC shall be enlarged or structurally altered unless required by law or court order, except as provided below.

C.

Discontinuance of use. A building, structure, lot, or parcel where a nonconforming use is discontinued for at least one year, regardless of the intent of the owner or occupant of the premises, may not be occupied by a nonconforming use after that time.

D.

Change in nonconforming uses.

1.

A nonconforming use may change to a conforming use. After a nonconforming use changes to a conforming use, it may not change back to a nonconforming use.

2.

A nonconforming use conducted in a structure may change to another use within the same definition if it is not relocated or expanded.

3.

A nonconforming use not conducted in a structure, or one in which a structure is incidental to the use of the land, shall not change to any other nonconforming use.

4.

A nonconforming use of any classification shall not be added where there is already an existing nonconforming use.

E.

Expansion or enlargement of nonconforming uses. A nonconforming use may be extended only within the premises on which the nonconforming use was located on the effective date. "Premises" means the building where the use occurs and the accessory buildings, appurtenances, driveways, parking, and loading spaces.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Applicability. This section applies to any "nonconforming structure." A "nonconforming structure" means a building or structure that:

1.

Lawfully exists on the effective date of this UDC or any amendment to this UDC that would cause the building or structure not to comply with this UDC; and

2.

Does not conform to all of the regulations of the zoning district in which it is located.

B.

Continuance of nonconforming structures. Except as provided below, any nonconforming structure may be occupied and operated if maintained in a state of good repair.

C.

Expansion.

1.

Unless specified otherwise in this UDC, a nonconforming structure on a lot may expand one time by as much as 25 percent of the building's square footage if:

a.

The expansion does not encroach into required setbacks;

b.

Paved parking, sidewalks, and landscaping, as required by this UDC, are provided; and

c.

The nonconforming building or structure is screened and buffered from adjacent uses and zones as determined by section 22-211.

2.

The expansion is only allowed pursuant to the director's authorization.

3.

The expansion shall conform to all zoning district and development standards of this UDC and shall not create a new nonconformity.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Applicability. This section applies to any nonconforming lot. A "nonconforming lot" is a lot of record that, on the effective date of this UDC or any ordinance that establishes a minimum or maximum lot area, frontage, or lot width, is:

1.

Not in compliance with the minimum or maximum lot area, frontage, or lot width; and

2.

Lawfully existing and of record; and

3.

Held in separate and different ownership from any lot immediately adjoining and having continuous frontage.

B.

New construction. In all districts, a nonconforming lot may be used as the building site for any use permitted in that district. No newly created or platted lot shall result in a nonconforming lot.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Applicability. Permanent signs that were allowed before the effective date are allowed to remain and may be maintained and repaired as necessary. Signs that this UDC prohibits shall be modified to conform, replaced with a conforming sign, or removed according to the following:

1.

If the lot on which the nonconforming sign is located requires any approval or permit that is subject to the site plan process;

2.

If there is a change in business ownership, tenant, name, or type of business;

3.

If any maintenance, repair, or alteration exceeds 50 percent of the current value of the sign as of the date of alteration or repair; or

4.

If the use of the lot on which the sign is located has been discontinued for 90 days or longer.

B.

Exceptions.

1.

Nonconforming subdivision entry signs. A nonconforming subdivision entry sign that was first installed or erected before the effective date, may continue to be maintained in the current configuration unless the sign requires any maintenance, repair, or alteration that exceeds 50 percent of the current value of the sign as of the date of alteration or repair.

2.

Signs with nonconforming electronic message centers. A sign with an electronic message center that does not conform with the area limitations or technological standards of this UDC that was first installed or erected before the effective date, may continue to be maintained, repaired, altered, or replaced so long as the modifications do not enlarge the area of the electronic message center or make it more nonconforming under the standards of this UDC.

C.

Sign removal.

1.

If a building, structure, or premises is vacant for a six-month period of time, the owner of the premises shall remove any sign messages located on the premises. Additionally, the facade of the building, structure, or premises shall be restored to its condition before the sign's installation.

2.

If the owner has not removed an abandoned sign after six months, the director will notify the property owner in writing that the sign must be removed within 30 days.

3.

The notice will be mailed to the owner or agent of the property by certified mail, return receipt requested, or by personal service.

4.

If the property is unoccupied and the owner is a nonresident, then the notice may be served by certified mail, return receipt requested, to the last known address of the owner.

5.

If the owner does not remove the sign or appeal within 30 days after the notice is mailed, the city may remove the sign and assess the cost of removal to the owner of the property on which the sign was placed.

6.

The city clerk will mail a statement of the costs for the removal of an abandoned sign or signs to the last known address of the owner of record of the property.

7.

The statement of costs will be mailed to the owner or agent of the property by certified mail, return receipt requested, or by personal service.

8.

If the property is unoccupied and the owner is a nonresident, then the statement of costs may be served by certified mail, return receipt requested, to the last known address of the owner.

9.

If the costs are not paid within 60 days of the date the notice is mailed, the city may issue a special assessment for the cost of removal against the parcel, and the city clerk shall certify that assessment for collection and payment to the city in the same way that other assessments and taxes are collected and paid to the city.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Applicability. This section applies to any nonconforming site plan improvements.

1.

A "nonconforming site improvement" is a situation that occurs when, on the effective date:

a.

An existing site plan feature on a lot (including, but not limited to, parking areas, storm drainage facilities, sidewalks, and landscaping) no longer conforms to the applicable regulations of this UDC; or

b.

The lot does not include site plan improvement features required by this UDC for any existing use, building, or structure on the lot.

2.

This section does not apply to one-time repairs and renovations of less than ten percent of the structural value of a structure or site improvements.

B.

Generally. On lots with nonconforming site plan improvements, additions to, or exterior repairs or alterations of any building, structure, or site improvement that increases the square footage by greater than 1,000 square feet or 25 percent or whichever is greater, are not allowed, unless:

1.

The nonconforming site plan improvements are brought into complete conformity with the regulations applicable to the use, building, structure, or zoning district; or

2.

The activity is authorized by a site plan approved by the planning commission.

C.

Standards. When an addition to, or repairs or alterations to, any structure or site improvement is proposed on a lot with a nonconforming site plan improvement, the planning commission may approve a site plan allowing the addition, repairs, or renovation if:

1.

The nonconforming site plan improvement(s) is the only nonconformity pertaining to the property; and

2.

Compliance with the site plan improvement requirements applicable to the zoning district in which the property is located is not reasonably possible. Mere financial hardship does not constitute grounds for finding that compliance with the site improvement requirements are not reasonably possible; and

3.

The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety; and

4.

If needed, the owner commits to other site design measures to reduce negative impacts associated with the nonconformity or to accomplish the purpose of the required site plan improvement.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)