Zoning Commission Packet 2013 02-27-13 r�D Cfr o United City of Yorkville
800 Game Farm Road
esr. �, � 1835 Yorkville, Illinois 60560
-4 Telephone: 630-553-4350
0 11
Fax: 630-553-7575
AGENDA
ZONING COMMISSION MEETING
Wednesday, February 27, 2013
7:00 P.M.
City Hall Conference Room
800 Game Farm Road
1. Welcome
2. Roll Call
3. Citizen's Comments
4. Approval of January 23, 2013 meeting minutes
5. Old Business:
a) Review and Commentary of Proposed Revised Zoning Chapters
• Chapter 12: Business Districts
• O, Office District
• B-1,Local Business District
• B-2,Retail Business District
• B-3, General Business District
• B-4, Service Business District
6. New Business:
a) Review and Commentary of Proposed Revised Zoning Chapter
• Chapter 15: Nonconforming Buildings, Structures, and Uses
7. Adjournment
8. Next meeting date: March 27, 2013
ZONING COMMISSION MEETING
Wednesday,January 23, 2013
7:00 p.m.
Yorkville City Hall Conference Room
800 Game Farm Road, Yorkville, IL 60560
Meeting Called to Order
The meeting was called to order at 7:01 p.m. and Mr. Crouch welcomed everyone.
Roll Call
Roll call was taken; a quorum was established.
Committee Members in Attendance
Gary Neyer
Jeff Baker
Michael Crouch
Pete Huinker
City Officials in Attendance
Krysti Barksdale-Noble, Community Development Director
Jason Engberg, Community Development Intern
Citizen's Comments
There were no citizens in attendance.
Previous Minutes
Mr. Baker made a motion to approve the October 24, 2012 minutes. Mr. Millen
seconded it; there were no discussions, corrections or additions so a motion to approve
was made, seconded and unanimously accepted and the motion was carried.
Mr. Crouch then turned the meeting over to Ms. Noble to cover Old Business.
Old Business
Ms. Noble said there was an updated Table of Contents took out the two sections that had
to do with Downtown that is now out of the committee's hands. They will now
concentrate on the remaining uses, such as Adult Oriented Uses (which is in the packet);
Nonconforming Buildings, Structures and Uses; Off-street parking and loading; fences,
Screens and Walls; Signs; Telecommunication Towers and Alternate Energy Systems.
The Committee is coming down the home stretch.
At this point, Chairman Crouch wanted to thank the committee for their continued service
because it began as an Ad Hoc Commission and was supposed to be a lot less time than it
has been due to all of the new developments that have occurred in the interim.
Chapter 14 -Revisions: Ms. Noble has made a few changes on the Adult Oriented uses,
such as hours of operations (changed to reflect Liquor hours); arterial roadways coincide
with B3 District; and exterior signage and display. Everything else was standard with the
ordinance that was previously passed.
New Business: Ms.Nobel turned the meeting over to Mr. Engberg. He has been
working on Chapter 12 and 13 (Business and Manufacturing Districts) and added
"Purpose" and "Intent." He changed the title of B-1 from `Limited' Business to `Local;'
B3 was changed to `General;' and B4 is now a `Service' District.
Mr. Baker encouraged the practice of dwelling units above the first floor of a permitted
use to create mixed use buildings. Ms. Noble this is currently done in B2 only. Mr.
Engberg said the reason he changed some of the names of the districts was because B-3
was Business District and B4 was General Business District and there was no specifying
what goes where. Mr. Crouch said this is where the Committee has to become forward
thinking because they cannot foresee what may happen in the next five years.
Mr.Neyer said he is always for creative uses and fewer restrictions on people's own
property and doesn't see the need for four(4) separate business districts—they seem to be
redundant. Local, Retail and General Service should all fall under"General." It was
pointed out they are all needed so the areas don't need to be re-zoned. Mr. Neyer asked
the question, "Is there anything permissible in B-4 that's not permissible in B-3?" Ms.
Noble said the owner of B-4 can have utility service yard or a garage for buses and
trucks.
In the discussion of what could be above a B-3, it was agreed that the primary use of the
building be business with residential above so 100% of the first floor must be dedicated
to commercial.
Mr. Neyer suggested going through a"what if' scenario for Zoning. "What if'we
created a Residential District with 10,000 sq. ft. lots and there was a rush to re-zone the
small lot amongst many of the 12,000 sq. ft. lot subdivisions. They would have to re-
engineer the entire thing; provide for additional storm water; etc. If they accomplish that,
people are going to start building sooner than later. No one could predict what would
happen.
Mr.Neyer then suggested an age-restricted, "villa-type"zoning with 6500 sq. ft. lot sizes
so there would not be any impact on the schools. Mr. Baker did not see any problem with
age-restriction for owner/occupant as long as nothing else was tied to it. Ms.Noble
pointed out that was "market specific,"not a zoning issue. Mr. Baker suggested going
with "age restricted for the owner/occupant in a development." He pointed out that
would make it a zoning classification for smaller lots (i.e. 6500 sq. ft.). Ms. Noble agreed
it should be kept general without restrictions besides age so it would be considered a
zoning use. She and Mr. Crouch asked if there were any questions on M-1 and/or M-2;
there were none.
Ms. Noble then said Mr. Engberg was working with her on getting photos for each
classification, as well as getting them on line. He showed the members examples of the
animation.
Mr. Crouch asked if there was any other business; there was none; a motion to adjourn
was made; seconded; agreed by all; meeting adjourned at 8:22 p.m.
Minutes respectfully submitted by:
Bonnie Olsem
Administrative Secretary
_.�I�° co-, Memorandum
ESL -.� 1 836 To: Zoning Ordinance Commission
From: Jason Engberg, Planning Intern
I CC: Krysti J. Barksdale-Noble, Community Development Director
C", a` O Bart Olson City Administrator
ALE w Date: February 27, 2013
Subject: Zoning Ordinance Update—New Business Items
Staff has prepared the attached revised Chapter 12: Business Districts for the Zoning
Commission to review and discuss. The modifications were made to reflect the recommendations from
a previous meeting with the Zoning Commission. The proposed revisions are as detailed:
Chapter 12
Chapter 12A: O, Office District
• Changed the last sentence about mixed use buildings. This is to emphasize that all
mixed use buildings will be 100% commercial on the first floor with dwelling units
only allowed on upper floors.
Chapter 12B: B-1, Local Business District
• Changed the last sentence about mixed use buildings. This is to emphasize that all
mixed use buildings will be 100% commercial on the first floor with dwelling units
only allowed on upper floors.
Chapter 12C: B-2, Retail Business District
• Changed the last sentence about mixed use buildings. This is to emphasize that all
mixed use buildings will be 100% commercial on the first floor with dwelling units
only allowed on upper floors.
Chapter 121): B-3, General Business District
• Changed the last sentence about mixed use buildings. This is to emphasize that all
mixed use buildings will be 100% commercial on the first floor with dwelling units
only allowed on upper floors.
Chapter 12E: B-4, Service Business District
• Deleted the sentence pertaining to the encouragement of mixed use buildings in this
zone as it does not seem feasible to have such a building in this district. Pictures of
permitted uses were also added to this section.
The City attorney has written Chapter 15: Nonconforming Buildings, Structures and Uses and it has
been attached to be reviewed and discussed. Staff has attached an original version of Chapter 10:
Nonconforming Buildings, Structures, and Uses for comparison.
Chapter 12
Business Districts
ARTICLE A. O, OFFICE DISTRICT
SECTION
10-12A-1 Purpose and Intent
10-12A-2 Permitted and Special Uses
10-12A-3 Dimensional and Bulk Requirements
10-12A-1PURPOSE AND INTENT:
The O Office District zoning designation is intended to provide for the location of professional offices,research and
development facilities, and other related uses on parcels of at least 20,000 square feet. In addition, a mix of limited
retail and service uses may be allowed to support other uses within the zone. The O Office District zone may be
used as a transitional zone between residential and more intensive commercial and manufacturing districts. This
district encourages the creation of mixed use buildings as long as the dwelling units are above the first floor of a
permitted use and the entire first floor is used for commercial purposes.
10-12A-2 PERMITTED AND SPECIAL USES:
No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses
identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall
be approved in accordance with Section 10-4-9 of this Title.
10-12A-3 DIMENSIONAL AND BULK REQUIREMENTS:
Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall
comply with the dimensional and bulk regulations in Chapter 7 of this Title.
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Chapter 12
Business Districts
ARTICLE B. B-1,LOCAL BUSINESS DISTRICT
SECTION
10-1211-1 Purpose and Intent
10-12B-2 Permitted and Special Uses
10-1211-3 Dimensional and Bulk Requirements
10-12B-1PURPOSE AND INTENT:
The B-1 Local Business District zoning designation is intended for the location of commercial and professional
facilities that are especially useful in close proximity to residential areas. The district is designed to provide
convenient shopping and services that meet the needs and enhances the quality of life for surrounding residential
neighborhoods. This district encourages the creation of mixed use buildings as long as the dwelling units are above
the first floor of a permitted use and the entire first floor is used for commercial purposes.
10-12B-2 PERMITTED AND SPECIAL USES:
No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses
identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall
be approved in accordance with Section 10-4-9 of this Title.
10-12B-3 DIMENSIONAL AND BULK REQUIREMENTS:
Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall
comply with the dimensional and bulk regulations in Chapter 7 of this Title.
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Chapter 12
Business Districts
ARTICLE C. B-2,RETAIL BUSINESS DISTRICT
SECTION
10-12C-1 Purpose and Intent
10-12C-2 Permitted and Special Uses
10-12C-3 Dimensional and Bulk Requirements
10-12C-1PURPOSE AND INTENT:
The B-2 Retail Business District zoning designation is intended for the location of retail shops and stores offering
goods to the population. Buildings in this district are allowed to build on a majority of the lot with diminished
setbacks. This allows shops and stores to maximize retail space while supporting a pedestrian friendly environment
in retail shopping areas. This district encourages the creation of mixed use buildings as long as the dwelling units
are above the first floor of a permitted use and the entire first floor is used for commercial purposes.
10-12C-2 PERMITTED AND SPECIAL USES:
No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses
identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall
be approved in accordance with Section 10-4-9 of this Title.
10-12C-3 DIMENSIONAL AND BULK REQUIREMENTS:
Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall
comply with the dimensional and bulk regulations in Chapter 7 of this Title.
nF=`
Chapter 12
Business Districts
ARTICLE D. B-3, GENERAL BUSINESS DISTRICT
SECTION
10-12D-1 Purpose and Intent
10-12D-2 Permitted and Special Uses
10-12D-3 Dimensional and Bulk Requirements
10-12D-1PURPOSE AND INTENT:
The B-3 General Business District zoning designation is intended for the location of a broad range of commercial
uses,including small scale and large scale businesses. These uses are usually oriented toward automobile access
and visibility;therefore they are typically set along major arterial roads. The businesses in this district are meant to
serve regional as well as local customers. This district encourages the creation of mixed use buildings as long as the
dwelling units are above the first floor of a permitted use and the entire first floor is used for commercial purposes.
10-12D-2 PERMITTED AND SPECIAL USES:
No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses
identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall
be approved in accordance with Section 10-4-9 of this Title.
10-12D-3 DIMENSIONAL AND BULK REQUIREMENTS:
Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall
comply with the dimensional and bulk regulations in Chapter 7 of this Title.
!.
Chapter 12
Business Districts
ARTICLE E. B-4, SERVICE BUSINESS DISTRICT
SECTION
10-12E-1 Purpose and Intent
10-12E-2 Permitted and Special Uses
10-12E-3 Dimensional and Bulk Requirements
10-12E-1PURPOSE AND INTENT:
The B-4 Service Business District zoning designation is intended for the location of a variety of service based
commercial uses. These businesses focus on providing residents with services on a local level.
10-12E-2 PERMITTED AND SPECIAL USES:
No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses
identified as permitted or special uses in Chapter 6 of this Title.All special uses on property within this district shall
be approved in accordance with Section 10-4-9 of this Title.
10-12E-3 DIMENSIONAL AND BULK REQUIREMENTS:
Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall
comply with the dimensional and bulk regulations in Chapter 7 of this Title.
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Draft 2/13/13
Chapter 15
NONCONFORMING BUILDINGS, STRUCTURES
AND USES
10-15-1: CONTINUANCE OF USE AND STRUCTURES
A. Any lawfully established use of a building or land on March 28, 1974, including any
use which is rendered nonconforming by a subsequent amendment to this Title, that does
not conform to the use regulations for the district in which it is located shall be deemed to
be a legal nonconforming use and may be continued subject to the provisions of this
Chapter.
B. Any lawfully established building or structure on March 28, 1974, including any
building or structure which is rendered nonconforming by a subsequent amendment to
this Title, that does not conform to the regulations for the district in which it is located
shall be deemed to be a legal nonconforming building or structure and may be continued
in use subject to the provisions of this Chapter.
10-15-2: NONCONFORMING USES
A. Relocation: A nonconforming use shall not be relocated in whole or in part to any
other location on the same property or to any other property unless the nonconforming
use complies with all of the regulations of the zoning district into which it relocates.
B. Change in Use: A nonconforming use of land shall not be changed to any other use
except to a land use, specifically enumerated in the list of permitted uses for the zoning
district in which the land is located. Whenever any part of a building, structure or land
occupied by a nonconforming use is changed to or replaced by a conforming use, such
premises shall not thereafter be used or occupied by a nonconforming use.
C. Expansion: A nonconforming use shall not be extended, expanded, enlarged or
increased in any manner including, but not limited to, the following:
1. A nonconforming use that does not involve a structure or which is accessory to
the nonconforming use of a structure shall not be expanded or extended to any
land area not occupied by such nonconforming use.
2. A nonconforming use shall not be expanded within a structure to any portion of
the floor area that was not occupied by such nonconforming use. A use permitted
in the district in which it is located may expand in a nonconforming structure.
D. Abandonment: A nonconforming use of any land or structure, including any accessory
uses, shall not be reestablished subsequent to abandonment as follows:
1. Whenever a nonconforming use of a building or structure, or part thereof, has
been discontinued for a period of twelve (12) consecutive months, or whenever
there is evident a clear intent on the part of the owner to abandon a
nonconforming use, such use shall not, after being discontinued or abandoned, be
re-established, and the use of the premises thereafter shall be in conformity with
the regulations of the district.
2. Where there is a change in use, regardless of whether or not such change was
made in compliance with all applicable codes and ordinances, the nonconforming
use of any land or structure shall not be reestablished. Any subsequent use of such
land or structure shall comply with the regulations of the zoning district in which
it is located and with the provisions of the other titles of this Code.
3. Where no building or structure is involved, discontinuance of a nonconforming
use for a period of six (6) months shall constitute abandonment, and shall not
thereafter be used in a nonconforming manner.
10-15-3: NONCONFORMING STRUCTURES
A. Relocation: A nonconforming structure shall not be relocated in whole or in part
to any other location on the same property or to any other property unless the
nonconforming structure complies with all of the provisions of this Code.
B. Maintenance, repair, alteration and enlargement:
1. A nonconforming structure which is designed or intended for a use that is not
permitted in the zoning district in which it is located may be maintained or
repaired,not including structural alterations, subject to compliance with all of
the regulations of the zoning district in which it is located and with the
provisions of the other titles of this Code,but such nonconforming structure
shall not be altered or enlarged, unless such alteration or enlargement and the
use thereof, conform to all of the regulations of the zoning district in which it
is located, and does not extend or intensify the nonconforming use.
2. No structural alteration shall be made in a building or other structure
containing a nonconforming use, except in the following situations:
a. When the alteration is required by law, or
b. When the alteration will actually result in elimination of the
nonconforming use, or
c. When a building is in a residential district containing residential
nonconforming uses, it may be altered in any way to improve
livability, provided no structural alterations shall be made which
would increase the number of dwelling units or the bulk of the
building.
3. A nonconforming structure which is nonconforming only with respect to the
bulk regulations for the zoning district in which it is located may be
maintained, repaired, altered, or enlarged, provided that the maintenance,
repair, alteration, or enlargement does not establish any additional
nonconformity and complies with all of the regulations of the zoning district
in which it is located and the provisions of the other titles of this Code.
C. Damage and destruction:
1. If a building or other structure containing a nonconforming use is damaged or
destroyed by any means to the extent of fifty percent(50%) or more of its fair-
market value prior to such damage, the building or other structure can be
rebuilt or used thereafter only for conforming principal and accessory uses
and in compliance with the provisions of the district in which it is located.
2. In the event the damage or destruction is less than fifty percent (50%) of its
market value, the building or structure may then be restored to its original
condition and the occupancy or use of such building or structure may be
continued which existed at the time of such partial destruction.
3. In either event, restoration or repair of the building or other structure must be
started within a period of six (6) months from the date of damage or
destruction and completed within twenty-four(24) months.
4. The methodology for determining the extent of damage with regard to fair-
market value shall be as approved by the Community Development Director.
10-15-4: ELIMINATION OF NONCONFORMING USES, BUILDINGS AND
STRUCTURES:
The period of time during which the following nonconforming uses, buildings, or
structures may continue or remain nonconforming shall be limited from March 28, 1974
or when any use, building or structure is rendered nonconforming by a subsequent
amendment to this Title. Every such nonconforming use, building or structure shall be
completely eliminated or removed from the premises at the expiration of the period of
time specified below:
A. Any nonconforming use of a building or structure having an assessed valuation not in
excess of five hundred dollars ($500.00) shall be removed after two (2) years.
B. All nonconforming advertising devices, such as pennants, flags, movable signs or
portable outdoor displays in any business district shall be removed after two (2) years.
C. Any nonconforming signs and any and all billboards and outdoor advertising
structures shall be removed after ten (10) years.
D. Any nonconforming use of land where no enclosed building is involved, or where the
only buildings employed are accessory or incidental to such use, or where such use is
maintained in connection with a conforming building, shall be removed after a period of
two (2) years.
E. Any nonconforming house trailers shall be removed after a period of ten (10) years.
F. In all residence districts uses permitted only in the B-2 and B-3 Districts or the
manufacturing districts, and which use is located in a building, all or substantially all of
which is designed or intended for a residential accessory purpose, shall be entirely
discontinued and shall thereafter cease operation in accordance with the following
amortization schedule:
Description of Use Amortization Period
Uses permitted in the B-2 and B-3 Districts: 15 years
Uses permitted only in the manufacturing districts: 8 years
10-15-5: EXEMPTED BUILDINGS, STRUCTURES AND USES:
Wherever a lawfully existing building or other structure otherwise conforms to the use
regulations of the district in which it is located, but is nonconforming only in the
particular manner thereinafter specified, the building and use thereof shall be exempt
from the requirements of Sections 10-10-4 and 10-10-3.B of this Chapter as follows:
A. In any residence district where a dwelling is nonconforming only as to the number of
dwelling units it contains, provided no such building shall be altered in any way so as to
increase the number of dwelling units therein.
B. In any residence district where a use permitted in the B-1 District occupies ground
floor space within a multiple-family dwelling located on a corner lot.
C. In any business or manufacturing district where the use is less distant from a residence
district than that specified in the regulations for the district in which it is located.
D. In any district where an established building, structure or use is nonconforming with
respect to the standards prescribed herein for any of the following:
1. Floor area ratio;
2. Lot area per dwelling unit;
3. Yards - front, side, rear or transitional;
4. Off-street parking and loading;
5. Lot area;
6. Building height;
7. Gross floor area.
Chapter 10
NONCONFORMING BUILDINGS, STRUCTURES AND
USES
-10-1: CONTINUANCE OF USE:
-10-2: DISCONTINUANCE OF USE:
-10-3: ELIMINATION OF NONCONFORMING USES, BUILDINGS AND
STRUCTURES:
-10-4: REPAIRS AND ALTERATIONS:
-10-5: DAMAGE AND DESTRUCTION:
-10-6: ADDITIONS AND ENLARGEMENTS:
-10-7: EXEMPTED BUILDINGS, STRUCTURES AND USES:
10-10-1: CONTINUANCE OF USE:
A. Any lawfully established use of a building or land that does not conform to the use regulations
for the district in which it is located shall be deemed to be a legal nonconforming use and
may be continued, except as otherwise provided herein.
B. Any legal nonconforming building or structure may be continued in use, provided there are no
physical changes other than necessary maintenance and repair, except as otherwise
permitted herein.
C. Any building for which a permit has been lawfully granted may be completed in accordance
with the approved plans, provided construction is started within ninety (90) days of the
effective date hereof and diligently prosecuted to completion. Such building shall thereafter
be deemed a lawfully established building. (Ord. 1973-56A, 3-28-74)
10-10-2: DISCONTINUANCE OF USE:
A. Whenever any part of a building, structure or land occupied by a nonconforming use is
changed to or replaced by a conforming use, such premises shall not thereafter be used or
occupied by a nonconforming use, even though the building may have been originally
designed and constructed for the prior nonconforming use.
B. Whenever a nonconforming use of a building or structure, or part thereof, has been
discontinued for a period of twelve (12) consecutive months, or whenever there is evident a
clear intent on the part of the owner to abandon a nonconforming use, such use shall not,
after being discontinued or abandoned, be re-established, and the use of the premises
thereafter shall be in conformity with the regulations of the district.
C. Where no enclosed building is involved, discontinuance of anonconforming use for a period
of six (6) months shall constitute abandonment, and shall not thereafter be used in a
nonconforming manner.
D. A nonconforming use not authorized by the provisions of this Title shall be discontinued.
(Ord. 1973-56A, 3-28-74)
10-10-3: ELIMINATION OF NONCONFORMING USES, BUILDINGS AND
STRUCTURES:
The period of time during which the following nonconforming uses of buildings, structures or
land may continue or remain shall be limited from the effective date hereof which causes the
use to be nonconforming. Every such nonconforming use shall be completely removed from the
premises at the expiration of the period of time specified below:
A. Any nonconforming use of a building or structure having an assessed valuation not in excess
of five hundred dollars ($500.00) shall be removed after two (2) years.
B. All nonconforming advertising devices, such as pennants, flags, movable signs or portable
outdoor displays in any business district shall be removed after two (2) years.
C. Any nonconforming signs and any and all billboards and outdoor advertising structures shall
be removed after ten (10) years.
D. Any nonconforming use of land where no enclosed building is involved, or where the only
buildings employed are accessory or incidental to such use, or where such use is
maintained in connection with a conforming building, shall be removed after a period of two
(2) years.
E. Any nonconforming house trailers shall be removed after a period of ten (10) years.
F. In all residence districts, any use lawfully existing at the effective date hereof, but permitted
only in the B-2 and B-3 Districts or the manufacturing districts, and which use is located in a
building, all or substantially all of which is designed or intended for a residential accessory
purpose, shall be entirely discontinued and shall thereafter cease operation in accordance
with the following amortization schedule:
Description of Use ��mortization Period
Uses permitted in the B-2 and B-3 Districts 15 years from the effective date
hereof
Uses permitted only in the manufacturing 8 years after the effective date
districts hereof
(Ord. 1973-56A, 3-28-74)
10-10-4: REPAIRS AND ALTERATIONS:
A. Normal maintenance of a building or other structure containing a nonconforming use is
permitted, including necessary nonstructural repairs and incidental alterations which do not
extend or intensify the nonconforming use.
B. No structural alteration shall be made in a building or other structure containing a
nonconforming use, except in the following situations:
1. When the alteration is required by law.
2. When the alteration will actually result in elimination of the nonconforming use.
3. When a building is in a residential district containing residential nonconforming uses, it may be
altered in any way to improve livability, provided no structural alterations shall be made which
would increase the number of dwelling units or the bulk of the building. (Ord. 1973-56A, 3-28-
74)
10-10-5: DAMAGE AND DESTRUCTION:
A. If a building or other structure containing a nonconforming use is damaged or destroyed by
any means to the extent of fifty percent (50%) or more of its replacement value at that time,
the building or other structure can be rebuilt or used thereafter only for a conforming use
and in compliance with the provisions of the district in which it is located. In the event the
damage or destruction is less than fifty percent (50%) of its replacement value, based upon
prevailing costs, the building may then be restored to its original condition and the
occupancy or use of such building may be continued which existed at the time of such
partial destruction.
B. In either event, restoration or repair of the building or other structure must be started within a
period of six (6) months from the date of damage or destruction and diligently prosecuted to
completion. (Ord. 1973-56A, 3-28-74)
10-10-6: ADDITIONS AND ENLARGEMENTS:
Except as provided in Section -10-7 of this Chapter:
A. A nonconforming building may be enlarged or extended onlyif the entire building is thereafter
devoted to a conforming use, and is made to conform to all the regulations of the district in
which it is located.
B. No building partially occupied by a nonconforming use shall be altered in such a way as to
permit the enlargement or expansion of the space occupied by such nonconforming use.
C. No nonconforming use may be enlarged or extended in such a way as to occupy any
required usable open space, or any land beyond the boundaries of the zoning lot as it
existed on the effective date hereof, or to displace any conforming use in the same building
or on some parcel of land.
D. A building or structure which is nonconforming with respect to yards, floor area ratio or any
other element of bulk shall not be altered or expanded in any manner which would increase
the degree or extent of its nonconformity with respect to the bulk regulations for the district
in which it is located. (Ord. 1973-56A, 3-28-74)
10-10-7: EXEMPTED BUILDINGS, STRUCTURES AND USES: i
Wherever a lawfully existing building or other structure otherwise conforms to the use
regulations of the district in which it is located, but is nonconforming only in the particular
manner thereinafter specified, the building and use thereof shall be exempt from the
requirements of Sections -10-3 and -10-4 of this Chapter as follows:
A. In any residence district where a dwelling is nonconforming only as to the number of dwelling
units it contains, provided no such building shall be altered in any way so as to increase the
number of dwelling units therein.
B. In any residence district where a use permitted in the B-1 District occupies ground floor
space within a multiple-family dwelling located on a corner lot.
C. In any business or manufacturing district where the use is less distant from a residence
district than that specified in the regulations for the district in which it is located.
D. In any district where an established building, structure or use is nonconforming with respect
to the standards prescribed herein for any of the following:
1. Floor area ratio;
2. Lot area per dwelling unit;
3. Yards -front, side, rear or transitional;
4. Off-street parking and loading;
5. Lot area;
6. Building height;
7. Gross floor area. (Ord. 1973-56A, 3-28-74)