Laserfiche WebLink
ZONING ORDINANCE <br /> SECTION 300 . 29 <br /> PAGE 236 <br /> SUBDIVISION 6. NON-CONFORMING DEVELOPMENT. Expansion of an <br /> existing structure, reconstruction of a partially destroyed <br /> structure, construction of a new structure or other intensification <br /> of a site shall be subject to site and building plan approval <br /> pursuant to section 300. 27 or, in the case of R-1 properties, <br /> section 300. 10 of this ordinance. In addition to the review <br /> standards normally applicable to a site and building plan, the <br /> following criteria shall be used to evaluate the proposal: (Amended <br /> by Ordinance 87-450, 1-20-87 . ) <br /> fi <br /> a) whether the number and extent of non-conformities will be 5; <br /> reduced in conjunction with the proposed construction; and <br /> b) whether the impact of non-conformities upon adjacent property <br /> will be reduced in conjunction with the. proposed construction. <br /> A site and building plan may be approved subject to such conditions <br /> as are necessary to effect the intent of this section. A <br /> non-conforming development which is destroyed to the extent of more <br /> than 50 percent of its market value at the time of loss shall be <br /> replaced only in compliance with the setback standards of the <br /> applicable zoning district. Non-conforming developments destroyed <br /> the extent of less than 50 percent of market value at the time amemm. <br /> of loss may be rebuilt to previously existing dimensions. In <br /> reviewing a site and building plan for any non-conforming <br /> development which has been partially destroyed, the city shall seek <br /> to make the development conform as closely to the requirements of <br /> this ordinance as is reasonably practical. (Amended by Ordinance <br /> 87-450 , 1-20-87 . ) <br /> SUBDIVISION 7 . CREATION OF NON-CONFORMITIES BY PUBLIC ACTION. <br /> Where there exists as of the date of adoption of this ordinance a <br /> conforming land use, lot of_ record, sign or_ development_ and_ a <br /> subsequent taking by a governmental body occurs under eminent <br /> domain or negotiated sale which renders such land use, lot of <br /> record, sign or development in violation of one or more provisions <br /> of this ordinance, such land use, lot of record, sign or <br /> development shall become a legal non-conformity and may be used <br /> thereafter only in accordance with the provisions of this section. , <br />