It is the purpose of this section to provide for the regulation of legally nonconforming lots, structures, and uses; and to specify the circumstances and conditions under which such nonconformities can be continued, expanded, or modified; and under which they shall be terminated.

The zoning regulations established by this article are designed to promote and protect the public health, welfare, and safety by implementing the City of Wetumpka's developmental policies. These policies encourage the grouping of compatible and related land uses. It is consistent with the regulations prescribed by this article that those nonconformities that adversely affect orderly development and the value of nearby property be controlled. Such controls also take into account the vested interests of the owners of nonconforming properties, and the extent to which such properties have any actual or potential adverse impacts upon the surrounding area.

To achieve these purposes, this section distinguishes among nonconforming lots, nonconforming structures, nonconforming uses, and between major and minor nonconformities. Different regulations are applied to these categories on the basis of their actual or potential adverse impact due to incompatibility with the city's developmental policies and the regulations contained in this article.

(1)

Definition of nonconformities. For the purposes of this section the following definitions shall apply:

Nonconforming developed lot. Any lot containing a building, structure, and/or activity legally established prior to the effective date of this article or subsequent amendment thereto, but which does not fully comply with the lot width or area or other dimensional regulations of the zoning district in which it is located as specified in this article.

Nonconforming structure. Any building or structure, other than a sign, legally established prior to the effective date of this article or subsequent amendment thereto, but which does not fully comply with the yard, height or other dimensional regulations of the zoning district in which it is located as specified in this article.

Nonconforming use. An activity using land, buildings, and/or structures for purposes which were legal prior to the effective date of this article or subsequent amendment thereto, but which does not fully comply with the use regulations for the zoning district in which it is located as specified in this article.

Minor nonconformity. Any property comprising a nonconforming developed lot and/or nonconforming structure, but which is used for an activity which is fully in compliance with the regulations for the zoning district in which it is located as specified in this article.

Major nonconformity. Any property comprising a nonconforming developed lot and or a nonconforming structure, or a conforming developed lot and/or conforming structure, but which is used for an activity that is not fully in compliance with the regulations for the zoning district in which it is located as specified in this article.

(2)

Nonconforming lots of record. Nonconforming lots of record can be developed for any use permitted in the zoning district in which they are located provided such development conforms to all other regulations in this article unless a variance from such regulations is granted by the board of zoning adjustment.

(3)

Minor nonconformities. Minor nonconformities can be modified, enlarged, and/or expanded provided that such modification, enlargement, or expansion conforms to all other regulations in this article, unless a variance from such regulations is granted by the board of zoning adjustment.

(4)

Major nonconformities. A major nonconforming use may be changed to another nonconforming use provided the new use is in the same or a lesser use classification as the original use.

A major nonconforming use shall not be enlarged within a structure, nor occupy a greater area of land, than it did at the effective date of this article or subsequent amendment thereto.

A structure containing a major nonconforming use shall not be moved to any portion of the lot other than that occupied at the effective date of this article or subsequent amendment thereto.

A major nonconforming use shall not be altered, enlarged, or intensified in any way which increases its nonconformity, but may be altered or reduced to decrease its nonconformity.

A major nonconforming use which changes to a permitted use within the zoning district in which it is located, shall not thereafter revert to a nonconforming use.

If a major nonconforming use is damaged in any manner to the extent that the restoration costs would exceed 75 percent of the value of that use immediately before such damage occurred, any subsequent use of that lot and/or structure shall be in full compliance with the regulations governing the zoning district in which it is located as specified in this article.

This provision does not apply to B-4 Zone.

(5)

General provisions. The following provisions shall apply to all nonconformities:

Except as otherwise provided in this article, any nonconforming lot, structure or use lawfully existing on the effective date of this article, or subsequent amendment thereto, may be continued so long as it remains otherwise lawful.

Nonconforming status runs with the land.

Nothing in this section shall be interpreted to prohibit routine maintenance, restoration of a structure to a safe condition, internal renovations and modifications, and external improvements which do not increase in scope or scale the nonconformity of the structure.

Nothing in this article shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition; provided that such restoration of such structure is not otherwise in violation of the provisions of this article.

No nonconformity shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

Any other provision of this article to the contrary notwithstanding, no use or structure which is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless it shall thereafter conform to all the regulations of this article.

The burden of establishing the nonconforming status of any structure or use under the terms of this section, in all cases, shall be upon the owner of such nonconformity and not upon the City of Wetumpka.

(Ord. No. 99-4, §§ 50.0—50.5, 8-16-1999)

Off-street parking standards shall be in accordance with the following requirements:

(1)

Generally. No off-street parking required for a building or structure shall be occupied by or counted as off-street parking for another building or structure. Whenever combined uses shall be made of the same property, the requirements for each shall apply. Whenever a structure or use may qualify under two or more classifications, the one with the larger requirement shall govern.

(2)

Residential. Off-street parking spaces for each dwelling unit shall be provided and maintained on the premises of any residential use according to the following rations, rounded to the nearest whole number as follows:

(3)

Non-residential. For new structures or converted structures which are increased in capacity, except in the B-3 Central Business District wherein no off-street parking shall be required for non-residential uses, off-street parking requirements shall be as follows:

a.

Schools:

Elementary Schools - One space for every 20 students, based on design capacity, plus one space for each employee.

Junior High Schools - One space for every 15 students based on design capacity, plus one space for each employee.

High Schools - One space for every 10 students based on design capacity, plus one space for each employee.

b.

Place of worship, community building, auditorium, and place of public assembly: One parking space for each five seats in the main assembly area.

c.

Hotel: One parking space for each guest room plus one space for each 200 square feet of net commercial area contained therein.

d.

Hospital: One parking space for each three beds, plus one space per employee per shift.

e.

Motel, boarding house, rooming house, tourist home, bed and breakfast inn: One parking space for each guest room or unit offered for rent plus three parking spaces for employees and vendors.

f.

Restaurant or other eating place: One parking space for every four patron seats or one space for every 200 square feet of net seating area, whichever is greater.

g.

Professional and medical office and building: Three parking spaces plus one additional space for each 400 square feet of gross floor area over 1,000 square feet.

h.

Industrial use, wholesale use, storage building, warehouse, lumber or fuels business, truck terminal, and similar uses: One parking space for each on-site employee, plus two parking spaces.

i.

Mobile home park and subdivision: Two parking spaces for each mobile home.

j.

Shopping center or retail establishment: One parking space for each 200 square feet of gross floor area, except utilitarian spaces.

k.

Nursing home: One parking space for each six beds, plus one space per employee per shift.

l.

Private club or lodge: One parking space for each 200 square feet of gross floor area.

m.

Food store and market: One parking space for each 200 square feet of gross floor area.

n.

Any use not otherwise specified: One parking space for each 200 square feet of gross floor area.

(4)

Existing parking. Any use which does not meet the parking requirements of this article, or of an amendment thereto, shall be deemed a nonconforming use.

(5)

Design. No off-street parking space shall be so located or designed as to require the vehicle parked therein to back directly onto a public street, with the exception of those at single and two family residences. All parking areas shall be surfaced with a suitable, hard surface permanent type of pavement.

(6)

Required front yard. No off-street parking shall be permitted in the required front yard of "R" Districts except in or upon a driveway, garage, carport or parking area for a dwelling.

(Ord. No. 99-4, §§ 51.0—51.6, 8-16-1999; Ord. No. 2014-1, § 1, 3-17-2014)

In each business district, except the B-3 Central Business District, and in each industrial district, each structure hereafter erected or altered shall be provided with off-street loading and unloading facilities suitable to the use.

(Ord. No. 99-4, § 52.0, 8-16-1999)

All lots shall front on a public street.

(Ord. No. 99-4, § 53.0, 8-16-1999)

In any district requiring a front yard setback, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between 3½ and 15 feet above street level shall be permitted within 20 feet of the intersection of the right-of-way lines of two streets or railroads or of a street and a railroad.

(Ord. No. 99-4, § 54.0, 8-16-1999)