10-04-2021 Council Work Session Packet

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3. General Provisions_V1 3-1 GENERAL PROVISIONS § 1007.040 PURPOSE. The purpose of this section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. § 1007.041 NON-CONFORMING USES AND STRUCTURES. (1) Purpose. It is the purpose of this section to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non-conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non-conforming uses shall be eventually brought into conformity. (2) Provisions. (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: 1. The nonconformity or occupancy is discontinued for a period of more than one year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) nonconforming principal structures shall not be expanded, enlarged or altered in a way which increases their nonconformity, but may be expanded, enlarged or altered, if the expansion, enlargement or alteration fully conforms to existing dimension requirements of the zoning and other city ordinances and regulations. Nonconforming accessory structures which are totally within a required yard setback area shall not be enlarged or expanded in any way. Notwithstanding, a nonconforming structure may be reconfigured if, in the discretion of the city, such reconfiguration would lessen the nonconformity, abate nuisances, and protect the public health, safety and welfare.