04-21-2025 - Agenda Packet Planning Commission - Packet

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Created: 2025-02-26 08:25:11 [EST] (Supp. No. 21) Page 2 of 6 parcel of land has been so changed, said use shall not thereafter be altered to so as to increase the nonconformity from its decreased state. (5) Discontinuation of nonconforming use. Whenever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of the Zoning Code. (6) Normal maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including incidental alterations which do not physically extend or intensify the nonconforming use. (7) Alterations to lawful nonconforming units. Alterations may be made to a conforming building containing lawful nonconforming units, provided they will not increase the number of units or the nonconformity. (8) Expansion of nonconforming uses. Nonconforming uses may not be expanded or enlarged. However, a lawful nonconforming gun club may apply to the city council to modify its hours of operation or to expand its operations within the existing defined parameters of the property. (c) Nonconforming structures. (1) Involuntary damage or destruction. Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if within 12 months after such calamity the property owner applies for a building permit to replace the structure. If no permit is applied for within the time period then the whole structure shall be demolished, and any construction thereafter shall be in full compliance and accordance with the provisions of the Zoning Code. (2) Remodeling and reconstruction. This subsection is intended to apply to the voluntary and intentional removal of all or portions of a lawful nonconforming structure. Whenever a lawful nonconforming structure shall be destroyed by means other than fire, flood, explosion, earthquake, war, riot, or act of God, to any extent then such structure may be restored only if a building permit is applied for within 180 days of the commencement of the destruction. If no permit is applied for in the 180 days then the structure shall be built in full compliance and accordance with the provisions of the Zoning Code. (3) Expansion of nonconforming structures. "Expansion of nonconforming structures" includes any increase in a dimension, size, area, volume, or height; any placement of a structure or part thereof where none existed before; any addition of a site feature such as but not limited to a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; and any exterior storage, signs, or lighting. No expansion of nonconforming structures shall be permitted except as specifically listed and allowed herein: a. Expansion of nonconforming single family residence structures. Lawful, nonconforming single family residential structures may be expanded, provided: 1. That the expansion does not occupy any space within a non-conforming area that was previously not occupied either vertically or horizontally, and complies with all height, setback, hardcover and lot coverage requirements of the district in which it is located. 2. That if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where the lot line setback of a structure is less than 50 percent of the required setback for that zoning district, the city will require at a minimum that applicant shall make up the discrepancy by enlarging the opposite required yard depth to result in an aggregate yard depth equivalent to the combined required yard. 108