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Spring Lake Park City Zoning Code

16.52 NON-CONFORMING

STRUCTURES, LOTS AND USES

16.48.020 General Development Plan

  1. Rezoning and master development plan review.
    1. As with any rezoning, the decision to rezone a property to PUD is a policy decision that the City Council may make in its legislative capacity. In evaluating a proposal to rezone a property to PUD, the Council will consider its compliance with the standards outlined in Paragraphs A,4 and A,5.
    2. The process to rezone a property to PUD is generally subject to the procedures outlined in SLPC 16.60.050 for a zoning amendment, except that:
      1. Prior to concept plan review or introduction of the rezoning ordinance, city staff will establish a public hearing notification area. This area will include all properties located wholly or partially within 400 feet of the property proposed to be rezoned PUD and further extended to existing natural or manmade boundaries such as wetlands, creeks, lakes, roadways, intersections, railroads or different land use classifications.
      2. At the time of concept plan review or ordinance introduction, the Council will determine whether the notification area is appropriate. The Council may require that the area be enlarged or retracted prior to the public hearing before the Planning Commission. In no case will the notification area be less than 400 feet.
      3. At least ten days prior to the public hearing before the Planning Commission, notice regarding the rezoning will be published in the official newspaper and sent by mail to the notification area as approved by the Council.
    3. Plans. The proponents of a planned unit development project shall submit a general development plan along with the application for a rezoning and secure the approval of the Planning Commission and City Council. The general development plan shall be drawn to scale with topography of a contour interval not greater than two feet. The plan shall show:
      1. The proposed site and existing developments on adjacent properties;
      2. The proposed size, location, and arrangement of buildings;
      3. Parking areas and stall arrangement;
      4. Entrance and exit drives;
      5. Landscaping;
      6. Structural and yard dimensions;
      7. Proposed sewer and water systems; and
      8. Recreation areas.
    4. Approval of the master development plan constitutes approval of the items outlined above.
    5. An approved master development plan is the legal control governing development of property within a PUD.
    6. The City Council may attach conditions to a master development plan approval as it determines necessary or convenient to accomplish the purposes of the PUD.
  2. Site and building plan review process.
    1. Site and building plan review and approval of final site and building plans is subject to the procedures outlined in SLPC 16.20.060.
    2. Final site and building plans must be in substantial compliance with the approved master development plan.
  3. Applicants may combine master development plan review and site and building plan review. In such cases, all information required for both processes must be submitted simultaneously.
  4. The City Council may attach conditions to a final site and building plan approval as it determines necessary or convenient to accomplish the purposes of the PUD.
  5. Changes to approved plans. If the rezoning is approved, the general development plan is attached to and is a part of the rezoning. Any substantial change to the plan will require a resubmission for review and approval by the Planning Commission and City Council.

16.48.030 Compliance Required

The owner or developer must comply with all the requirements of the city and this title regarding lighting, noise abatement, traffic control and regulations, maintaining order, and keeping the premises free from debris, and any other conditions as may be attached to the conditional use permit by the Planning Commission or City Council.

16.48.040 Permit Expiration And Renewal

If construction on the planned unit development has not begun within one year of the issuance date of the permit, or other date as specified in the permit, the permit shall expire and become null and void. The permit may be renewed for an additional period as the City Council, upon submission of an application by the owner or developer, may determine. In reviewing extension requests, the city will consider the following:

  1. Whether there have been changes to city code or policy that would affect the previous approval; and
  2. Whether an extension would adversely affect the neighboring property owners.

16.48.050 Amendments

  1. A major amendment to an approved master development plan may be approved by the City Council after review by the Planning Commission. The process to review and approve a major amendment is subject to the procedures outlined in SLPC 16.60.050 for a zoning amendment. A major amendment is any amendment that:
    1. Substantially alters the location of buildings, parking areas or roads;
    2. Increases or decreases the number of residential dwelling units by more than 5%;
    3. Increases the gross floor area of non-residential buildings by more than 5% or increases the gross floor area of any individual building by more than 10%;
    4. Increases the number of stories of any building;
    5. Increases the square-footage of grading on any individual lot by more than 1,000 square feet;
    6. Decreases the amount of open space by more than 5% or alters it in such a way as to change its original design or intended use; or
    7. Creates non-compliance with any special condition attached to the master development plan.
  2. Any other amendment may be made through review and approval by a majority vote of the Planning Commission.

16.52.010 Existing Non-Conforming Buildings And Uses

The lawful use of buildings or land existing at the effective date of this title which does not conform to the provisions of this title shall be allowed to continue indefinitely.

16.52.020 Non-Conforming Lots Of Record

Any lot which was held in a single ownership of record at the time of the adoption of this title, and which does not meet the requirements of this title as to area, width, or other open space, may nevertheless be utilized for single-family detached dwelling purposes provided the measurements of that area, width, or open space are within 70% of the requirements for them under the terms of this title. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this title, and if all or part of the lots do not meet the requirements for lot width and area as established by this title, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this title.

16.52.030 Alteration Of Non-Conforming Uses

  1. A legal non-conforming use may not be expanded.
  2. A legal non-conforming use may be continued, through repair, replacement, restoration, maintenance, or improvement, unless:
    1. The non-conformity or occupancy is discontinued for a period of more than one year; or
    2. Any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged.
  3. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.