Project Packet - Laserfiche WebLink

Home Browse Search

Municode Page 2 of 18 Sec. 78-562. Future amendments. The RS district regulations represent an innovative attempt to solve the unique problems relating to historic use and previously platted substandard lots on the islands while at the same time assuring the property owners of continued reasonable use of their property. It may be found by subsequent city councils that this division was not restrictive enough to protect the health, safety and welfare of the citizens and that new development potential granted to property owners by this division may have to be modified. Therefore, no new development rights granted by this division shall be deemed to be vested property rights but shall remain subject to future modification by the city. (Code 1984, § 10.31(19)) Sec. 78-563. Nonconformities. (a) Nonconforming uses. (1) No new use of land or structures shall be permitted in the RS district except in compliance with this division. All existing uses of land or structures which may be made nonconforming by adoption of the ordinance from which this division is derived shall be discontinued and/or made to be in full compliance with all use and performance standard requirements of this division within a period of seven years from the date of adoption, not to extend later than January 1, 1990. (2) Upon notice of record lot classification pursuant to section 78-568 (1) and within six months of January 13, 1983, any record lot owner may apply to the council with no application fee required for a variance to this section to allow a continued nonconforming use, subject to reasonable standards and timetables, established by the council for compliance with on-site sewage treatment, private security , private fire protection and other performance standard requirements established by this division. The applicant shall demonstrate and the council shall find that the use is and was legally existing as of November 9, 1981, the effective date of moratorium Ordinance No. 238. Failure to apply for such a variance within the time allowed shall be prima facie evidence that such a nonconforming use was either illegal or did not lawfully exist on that date . (b) Nonconforming substandard properties. Restrictions applying to nonconforming uses shall not apply to record lots which are substandard in lot area or lot width but which are being used in conformance with this division: (1) Record lots which are less than 2.0 acres in dry-buildable lot area and/or less than 200 feet in lot width became substandard lots on January 1, 1975, the effective date of Ordinance No. 172. (2) Record lots, which are greater than 2.0 acres in dry-buildable lot area, but are less than 5.0 acres in dry-buildable lot area, became substandard lots on January 13, 1983. (3) Substandard record lots may be used or developed pursuant to section 78-72 (c). (c) Nonconforming substandard buildings or structures. Restrictions applying to nonconforming uses shall not apply to existing buildings or structures which do not conform to location, height or hard cover limitations, but which are being used in conformance with this division. Existing buildings not conforming to the required minimum setbacks may continue to be used, repaired or maintained within the existing building envelope. These buildings may be http://library.municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13/2014