Ord_1606 PASSED (edited for Indoor Entertainment)

Home

1002.04: NONCONFORMING USE 969 A. Any legal nonconformity, including the lawful use or occupation of land or premises existing at the 970 time of the adoption of an additional control under this Title, may be continued, including through 971 repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: 972 1. The nonconformity or occupancy is discontinued for a period of more than 1 year; or 973 2. Any nonconforming structure is destroyed by fire or other peril to the extent of greater than 50% 974 of its market value and no building permit has been applied for within 180 days of when the 975 property is damaged. In this case, the City may impose reasonable conditions upon a building 976 permit in order to mitigate any newly created impact on adjacent property. 977 3. Exceptions: Notwithstanding the preceding requirements, pre-existing nonconforming structures 978 or uses on LDR- or LMDR-zoned properties, including those within Shoreland or Wetland 979 Management Districts, may be expanded when: 980 a. Nonconforming setbacks are not further reduced; 981 b. Nonconforming building separations are not further reduced; 982 c. Nonconforming height is not further increased; 983 d. Nonconforming improvement area is not further increased; and e. No new nonconforming 984 conditions are created. 985 B. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. 986 C. Notwithstanding subparagraph A, above, the City shall regulate the repair, replacement, maintenance, 987 improvement, or expansion of nonconforming uses and structures in floodplain areas consistent with 988 the City’s Floodplain Ordinance. 989 D. Unimproved Lots: Any platted lot existing on January 1, 2011, and then held in separate ownership 990 different from the ownership of adjoining lots may be used for the erection of a lawful structure, even 991 though its area and width are less than the current minimum requirements so long as the remaining 992 zoning requirements are met (or as a variance may permit). 993 E. All Districts Exception: Where a pre-existing principal or accessory structure, including expansion 994 thereof, for which a property line setback dimension has been made substandard by eminent domain 995 or other formal public agency action, such structure shall be considered a legally conforming 996 structure. All future additions to the structure or use shall meet the current required setback from the 997 revised property or easement line. 998 1002.05: OFFICIAL ZONING MAP CHANGES AND CHAPTER AMENDMENTS 999 A. No change shall be made in the boundary line of any zoning district, in the permitted and/or 1000 conditional uses, or in the regulation for any zoning district except through the procedure established 1001 in Section 1009.06 of this Title. 1002 B. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the 1003 existing classification of a zoning district from a residential district to a commercial, community 1004