Sec. 10.3.6. Special Use Permits for Nonconformities

  1. Special Use Permit Required
    All special use permits authorized in this section shall be processed, noticed and heard in accordance with Sec. 10.2.9. After the issuance of a special use permit by the Board of Adjustment in accordance with Sec. 10.3.6.B., one or more of the
    following activities can be made to a zoning nonconformity.

    1. Repair and maintenance work not authorized by either Sec. 10.3.2.B. or Sec. 10.3.3.C.

    2. Fixing and replacing damage and destruction authorized by Sec. 10.3.2.G.1. and Sec. 10.3.2.G.3. and by Sec. 10.3.3.G.1. and Sec. 10.3.3.G.3.b.

    3. The expansion, extension or alteration of a nonconforming use or vehicular surfaces serving a nonconforming use (including nonconforming principal use parking facilities) when all of the following are met:

      1. ​​​​The expansion, extension or alteration complies with all requirements of this UDO including but not limited to: height, bulk, setback, off-street parking, impervious surface coverage and access.

      2. The expansion, of a nonconforming use does not, singularly or collectively, exceed 25% of the total gross area occupied by the original nonconforming use. If the original nonconforming use occupied a portion of a building and that building has not been enlarged since the establishment of the nonconformity, that original nonconforming use may be extended beyond 25% within the interior portions of the building.

    4. The change of an existing nonconforming use to another nonconforming use provided that all of the following are met:

      1. The use will have no greater adverse effect on the surrounding property in terms of automobile or truck traffic, on-street parking, noise, stormwater, vibration and hours of nighttime operation than the existing use.

      2. Any change to a limited use or special use complies with applicable requirements of Chapter 6. Use Regulations.

      3. The proposed substitute nonconforming use is allowed in the zoning district of the highest classification in which the existing nonconforming use would be a conforming use. The determination of the classification of the use shall be based on Planning Director.

      4. Once a nonconforming use is changed to a higher classification, it may not thereafter be changed to a nonconforming use of a lower classification, including a change back to the original nonconforming use.

      5. The substitution of a nonconforming impervious surface for another, the replacement of a substandard nonconforming manufactured home and the change of use of a nonconforming use to a conforming use may all be done without a special use permit from the Board of Adjustment if the applicable provisions of Sec. 10.3.4.E., Sec 10.3.3.H., Sec. 10.3.3.C.1. and Sec. 10.3.2.B. are met.

    5. The relocation onto its same premise of either a nonconformity or a nonconforming private access point, is allowed; provided the relocation reduces the extent of the nonconformity and more closely conforms to the standards contained in this UDO.

    6. The enlargement or alteration of any nonconforming structure used for a conforming use that creates an additional nonconformity or increases the degree of the existing nonconformity is allowed provided the enlargement or alteration of all or any part of such structure, does not exceed, singularly or collectively, 25% of the floor area gross of the original nonconforming structure, and the enlargement or alteration complies with all other requirements and regulations of this UDO.

  2. ​​​​​​​Showings for Granting Special Use Permit for Nonconformities

    1. ​​​​​​​Before a request for the special use permit is granted, the Board of Adjustment must show that all of the following are met:

      1. ​​​​​​​The applicable standards of this section have been met;

      2. All of the showings of Sec. 10.2.9.E. have been met; and

      3. The requested repair, reconstruction, expansion, change of use to a different nonconforming use or relocation will not be injurious to property or improvements in the affected area.

    2. ​​​​​​​In acting upon a petition for a special use permit, the Board cannot order the discontinuance or termination of the nonconformity.

    3. If a special use petition is denied, the continuation of the nonconformity and the activities allowed in Sec. 10.3.2. and Sec. 10.3.3. without a special use permit is still allowed unless otherwise prohibited by law. This policy is adopted to encourage the owners of nonconformities to apply for special use permits to improve and bring into conformance to the extent possible their property

       

Supplement Number
28