05/02/2011 Council Packet - Laserfiche WebLink

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• • Non - conforming sites are usually the result of changes to parking, setbacks, ponding, and lot size requirements. The existing non - conforming use that was legally established may continue on such a site, but any change in use would require bringing the lot into conformance with today's standards for parking, setbacks, ponding, etc... Non - conforming uses may continue to be operated on a site in perpetuity. Should the use cease, it may be replaced with the same use within 12 months time, and can then continue again in perpetuity. However, if 12 months pass and the use is not re- established, the use is no longer allowed on the site and all subsequent use of the site/building must be allowed by the current zoning ordinance. The reason for establishing non - conforming regulations is twofold. First, it guarantees the current property owner/business owner's rights to continue to use the site as was previously allowed by the city. Secondly, it provides a mechanism to eventually spur the redevelopment of the site with a use that is considered to be appropriate with the current regulations of the city. b. Lack of Infrastructure and Fire Code Issues As required by the Joint Powers Agreement with the Centennial Fire District, the city has adopted a fire code that requires the majority of all commercial /industrial buildings that are over 2,000 square feet in size to have a fire suppression system. (A 60 foot buffer around all sides of the building and on the same lot as the building can take the place of a fire suppression system in some cases.) The city could entertain increasing this threshold by eliminating this section of the fire code, but to do so would also mean renegotiating the Joint Powers Agreement with the other cities and the Fire District, and the likelihood of higher insurance rates and reduced public safety faced by both the city and its residents. City Council has previously determined that it is not interested in revising the City's Fire Code to have less restrictive fire suppression requirements. For sites that have city water, installing a fire suppression system can easily be accomplished. For those sites that are not on public utilities, the cost of improving the private well to provide fire suppression may not be cost effective, and the money spent does little to improve the value of the land itself, since public utilities are still not present for future development. There is little incentive on the part of a business owner to make such an investment.