Legislation #: 070887 Introduction Date: 8/16/2007
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS SHARP, GOTTSTEIN, FORD, SANDERS-BROOKS, CURLS, FUNKHOUSER, MARCASON AND CIRCO
Title: Amending Chapter 80, Code of Ordinances, by amending section 80-32, Noncommercial signs; by enacting a new Section 80-35, Outdoor advertising signs; by repealing Subsection 80-220(e); and repealing section 80-230, Legal Nonconformance, and enacting a new section of like number and subject matter; to revise the regulations regarding outdoor advertising signs and legal nonconforming uses.
Legislation History
Date Minutes Description
8/15/2007 Filed by the Clerk's office
8/16/2007 Referred to Planning and Zoning Committee
View Attachments
File Type Size Description
No attachment(s) found
ORDINANCE NO. 070887
Amending Chapter 80, Code of Ordinances, by amending section 80-32,
Noncommercial signs; by enacting a new Section 80-35, Outdoor advertising
signs; by repealing Subsection 80-220(e); and repealing section 80-230, Legal
Nonconformance, and enacting a new section of like number and subject matter;
to revise the regulations regarding outdoor advertising signs and legal
nonconforming uses.
WHEREAS, the City wishes to implement and support the
implementation of multiple provisions of the Citys adopted comprehensive plan,
FOCUS Kansas City, including but not limited to these:
1.
In the Urban Core Plan, two of the eight aspirations are to
Create
Great Streets and Revitalize Boulevards and to Create and Maintain
Americas Cleanest City. Among the implementing policy recommendations
for those aspirations are:
Reduce visual clutter along streets such as billboards, other
signs, utility poles, and overhead wires;
Create a program to control private signagein order to maintain
the beauty of the Citys built environment, the city will develop ordinances
and enforcement programs to limit the ability of property owners to erect
billboards and other signs that create visual clutter.
2.
Under the Building Block of Neighborhood Livability, the Neighborhood
Prototypes Plan identifies appropriate signage as one of the important means
of creating neighborhood identity;
WHEREAS, the City wishes to improve upon the Citys
program of regulating signs and billboards that dates at least to 1905 by
bringing that program into conformance with FOCUS Kansas City; and
WHEREAS, in adopting this ordinance in fulfillment of
those purposes, it is the intent of the City Council to achieve balance among
the following differing, and at times, competing objectives:
1.
To encourage the effective use of signs as a means of communication for
businesses, organizations and individuals in Kansas City;
2.
To protect the safety and welfare of the public by minimizing the
hazards to pedestrian and vehicular traffic;
3.
To differentiate among those signs that, because of their location, may
distract drivers on public streets and those that may provide information to
them while they remain in their cars but out of active traffic;
4.
To minimize the possible adverse effects of signs on nearby public and
private property;
NOW, THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 80, Code of Ordinances of the City of Kansas City, Missouri , is hereby
amended by repealing section 80-32 and enacting a new section of like number
and subject matter, to read as follows:
Sec. 80-32. Noncommercial
signs.
(a) Any
sign allowed or that would be allowed without permit, by sign permit, by
conditional use permit, or by variance, may contain, in lieu of any other
message or copy, any lawful noncommercial message that does not direct
attention to a business operated for profit, or to a product, commodity or
service for sale or lease, or to any other commercial interest or activity, so
long as the sign complies with the size, height and other requirements of this
chapter.
(b)
Noncommercial signs of any size may be displayed inside window areas at any
time.
(c) It is the City's policy to regulate signs in a
constitutional manner that is content neutral as to noncommercial signs.
Section 2. That
Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by enacting a new Section 80-35, Outdoor advertising signs, to read as
follows:
Sec. 80-35. Outdoor
advertising signs.
(a) Purpose.
The purpose of this section is to preserve and promote the public health,
safety and welfare and to provide an orderly, effective and reasonable control
of off-premise signs, thereby halting sign proliferation, reducing distractions
to drivers and enhancing the visual environment and community character of the
city.
(b) Regulations. Outdoor
advertising signs shall not be permitted in Kansas City except within 660 feet
of the right of way of highways located on the interstate, federal-aid primary
system as it existed on June 1, 1991, or the national highway system, and only in
accordance with the following conditions:
(1) Sign location.
a. Outdoor advertising signs shall not be located within 500 feet
of any improvements which are wholly occupied as a residential, institutional
or other noncommercial or nonindustrial use.
b. Outdoor advertising signs shall not be located within 500 feet
of any boulevard or parkway under the jurisdiction and control of the board of
parks and recreation commissioners.
c. Outdoor advertising signs shall not be located within 500 feet
of a public park, playground, school, library, auditorium, stadium or other
publicly owned building used by the general public.
d. Outdoor advertising signs shall not be located within 500 feet
of property with frontage upon the same highway or interstate and which is
zoned by district RA, R-1, R-2, R-3, R-4, R-4-O, R-5, R-5-O or R-6.
e. Outdoor advertising signs shall not be attached to the wall or
roof of any building.
f. Outdoor advertising signs shall not be located within 500 feet
of an interchange or intersection at grade. Such 500 feet shall be measured
from the beginning or ending of the pavement widening at the exit from or
entrance to the main traveled way.
g. Outdoor advertising signs shall only be allowed on property
that is zoned M-1, M-2 or M-3.
h. No outdoor advertising
sign shall be located on, or project over, any public property, right-of-way,
utility easement or drainage easement.
i. Outdoor advertising signs shall not be located within 660
feet of the right of way for the Broadway Bridge, Broadway Extension or U.S.
Highway 169 in the area between 5th Street on the south and Briarcliff
Parkway/Extension on the north.
(2) Size, height and other dimensions, and appearance.
a. Height. Outdoor advertising signs, including their
supporting structures, shall not exceed 35 feet in height from grade.
b. Gross area of signs. The maximum gross area of any
outdoor advertising sign shall not exceed a total of 300 square feet.
c. No
three-sided signs shall be permitted.
d. If an outdoor
advertising sign has messages mounted on each side of the sign structure, the
two sign faces shall be parallel and shall be no more than five (5) feet
apart.
e. Outdoor advertising
signs shall have not more than one area/face on each side of the sign
structure.
f. Exposed back of signs,
poles and other support structures must be painted black, dark green or dark
brown presenting an attractive and finished appearance which will blend with
natural surroundings in order to further accomplish the objectives of this
chapter.
(3) Lighting,
animation and electronic operation of signs.
a. Lighting of
billboards shall be shielded upward to prevent beams or rays from being
directed at any portion of a traveled roadway or an occupied residential area
and shall not be of such intensity or brilliance as to cause glare or impair
vision or interfere with the residential use of property or the safe operation
of motor vehicles.
b. No outdoor advertising sign may have any revolving, moving,
flashing, blinking, or animated characteristics.
c. No outdoor advertising sign may have any electronic, digital,
tri-vision or other changeable copy display.
(4) Minimum spacing requirements.
a. No outdoor advertising sign structure hereafter erected shall
be less than 4200 feet from any other existing outdoor advertising structure on
either side of the highway or interstate.
b.
Such minimum spacing distance shall be measured along the centerline of
the highway or interstate from a point opposite any edge of an outdoor
advertising sign structure and perpendicular to the centerline of such highway
or interstate.
(5) Legal Nonconforming Outdoor Advertising Signs. Legal
nonconforming outdoor advertising signs may remain, subject to the following
provisions in addition to the provisions of section 80-230 of this Code:
a.
Legal nonconforming outdoor advertising signs may be repaired as needed
to maintain the safety and appearance of the sign face and structure.
b. Lighting and/or electronic or digital displays may not be
added to legal nonconforming signs.
c.
Should a legal nonconforming outdoor advertising sign be destroyed by
any means or deteriorates to an extent of more than fifty (50) per cent of its
replacement cost at time of the destruction or deterioration, it shall not be
reconstructed and shall be removed.
d.
A legal nonconforming outdoor advertising sign may not be enlarged or
altered in a way which increases its nonconformity, but any structure or
portion thereof may be altered to decrease its nonconformity.
e.
Should such legal nonconforming outdoor advertising sign be moved for
any reason for any distance whatever, it shall thereafter conform to the
regulations for the district in which it is located after it is moved.
f.
Legal nonconforming outdoor advertising signs may not be enlarged or
extended, nor shall the height be increased.
h. If a legal nonconforming outdoor
advertising sign remains blank for a continuous period of ninety (90) days,
that outdoor advertising sign shall be deemed abandoned and shall no longer be
a legal nonconforming sign. For purposes of this section, a sign is
"blank" if:
1. It advertises a business, service, commodity,
accommodation, attraction, or other enterprise or activity that is no longer
operating or being offered or conducted; or
2. The advertising message it displays becomes
illegible in whole or substantial part; or
3. The advertising copy paid for by a person other
than the sign owner or promoting an interest other than the rental of the sign has
been removed.
i. Legal nonconforming outdoor advertising signs which
were legally using electronic or video technology at the time of the passage
of this ordinance shall comply with the following requirements:
1. Such
technology shall be programmed so that the message or image on the sign changes
no more often than once every eight (seconds);
2. There shall be no
effects of movement, flashing, scintillation, or similar effects in the
individual images;
3. Changes of image
shall be instantaneous as seen by the human eye and shall not use fading,
rolling, window shading, dissolving, or similar effects as part of the change;
4. Video technology in
billboards shall use automatic level controls to reduce light levels at night
and under cloudy and other darkened conditions, in accordance with the
standards set forth in this sub-section. All electronic, video or digital
display unit signs shall have installed ambient light monitors, and shall at
all times allow such monitors to automatically adjust the brightness level of
the electronic sign based on ambient light conditions. Maximum brightness
levels for electronic, video or digital display signs shall not exceed 5000
nits when measured from the signs face at its maximum brightness, during
daylight hours, and 500 nits when measured from the signs face at its maximum
brightness between sunset and sunrise, as those times are determined by the
National Weather Service.
j. Nonconforming
outdoor advertising signs shall comply with subsection
(7) of this section.
(7) Maintenance. All outdoor advertising
signs, including the sign faces, poles, supports, and braces, shall be kept in
good repair and free from tears, rust and other indicia of deterioration.
(8) Enforcement
and recordkeeping
a. The Director of City Development shall enforce the provisions
of this ordinance.
b. The Director of City Development shall maintain a master
record of all outdoor advertising signs in the City by location.
c. The Director of City Development may order the removal of any
outdoor advertising sign that is not maintained as required by this section, or
any sign that is not in compliance with any other provision of this section or
the Code of Ordinances.
1. For an outdoor advertising sign that is not being maintained
as required by this section, or a nonconforming sign that is not in compliance
with the electronic or video technology requirements above, the Director will
provide written notice to the signs record owner of the signs deficiencies,
and the owner shall have 30 days from the date of the notice to remove the sign
or bring the sign into compliance with these requirements.
2. For an outdoor advertising sign that is in not in compliance
with any other provision of this Code, the Director will provide written notice
to the signs record owner of the signs deficiencies, and the owner shall have
30 days from the date of the notice to remove the sign.
3. The Directors determination that the sign is not in
compliance with this Code may be appealed to the Board of Zoning Adjustment
within 15 days of the Directors determination.
Section 3. That
subsection 80-220(e) of the Code of Ordinances is hereby repealed.
Section 4. That
section 80-230 of the Code of Ordinances is hereby repealed and a new section
80-230 is hereby enacted, to read as follows:
Sec. 80-230. Legal
nonconformance.
By
virtue of the
passage of Ordinance No. 45608, passed June 4, 1923, which created
various district classifications and divided the city into such
districts, certain
nonconformities were created. Additional nonconformities have been
created by
amendments to the zoning ordinance. Therefore, the following procedures
are
hereby established to determine those uses which were lawful prior to
the
passage of the zoning ordinance, or any amendment thereto, and to
provide for
the conversion of legal nonconformities to comply with current
provisions:
(1) Definitions.
a. Effective date of this chapter.
For purposes of this section only, the effective date of this chapter shall be
presumed to be June 4, 1923, or the date of annexation of the subject property,
whichever is later.
b. Legal nonconformance means any
legal nonconforming use, legal nonconforming use in a conforming structure or
building, conforming use in a legal nonconforming structure, legal
nonconforming structure or building or legal nonconforming sign.
c. Legal nonconforming use means a
structure, building or use of land that is in existence and lawful on the date
when a zoning ordinance or any amendment thereto becomes effective prohibiting
such use, but which, nevertheless, continues unaffected by such an ordinance or
amendment thereto.
d. Legal nonconforming use in a conforming
structure or building means a use or activity which is legal when
commenced but made nonconforming by a subsequently enacted zoning ordinance,
while the building in which the use or activity takes place, or the structure
utilized, conforms to the ordinance. The most obvious example of such a use
would be a small-scale commercial activity or use (e.g., operation of a
restaurant in a building designed for single-family residential use and located
in a residential district).
e. Conforming use in a legal nonconforming
structure means a use or activity complying with the zoning ordinance
or any amendment thereto, but which is conducted in a building or utilizes a
structure that, because of some design characteristic, fails to conform to an
ordinance passed after the building or structure has been constructed.
f. Legal nonconforming structure or building
means a lawfully existing structure which becomes nonconforming because of an
ordinance enacted subsequent to its erection. The nonconformance may be
attributed to size, nature of construction, location of the structure or
building on the land, or its proximity to another structure or building.
g. Legal nonconforming sign means a
physical method of identifying a name, symbol or token, including the sign
structure (including framework and supports), which was lawful when constructed
but has become nonconforming as a result of any amendment to this
chapter.
h. Certificate of legal nonconformance
means a determination that a legal nonconformance has been established. A
certificate of occupancy for a legal nonconforming use, as previously required,
shall be deemed to be a certificate of legal nonconformance.
i. Zoning change means a change in
zoning classification on the zoning map, occurring as a result of rezoning
property. A nonconformance resulting from a zoning change shall be
distinguished from a nonconformance resulting from an amendment to the text of
the zoning ordinance.
(2) Continuance
of legal nonconformities.
a. Nonconforming uses authorized. A
legal nonconforming use existing prior to the passage of this chapter or
amendment thereto may be continued, except as otherwise provided in this
section.
b. Amortization of legal nonconforming uses of
land. Legal nonconforming use of land shall be discontinued within
one year from the effective date of this chapter or amendment thereto which
makes the use of land nonconforming unless, in either case, such land is wholly
or partially occupied with a permanent, enclosed building, the design or use of
which is nonconforming.
c. Legal nonconforming structures or
buildings. The lawful use of a structure or building, prior to the
effective date of this chapter or amendment thereto, which is nonconforming as
to design, shall be permitted to continue for the usable life of the structure
or building as provided in this section.
d. Nonconforming distance from a residential
district. When a building in a zoning district is occupied by or
designed for a use which is classified in that district, but does not conform
to the distance requirements from a residential district, then any subsequent
change in use shall be to a use that conforms to the distance requirements
specified for the district.
e. Construction of nonconforming use
provisions regarding adult businesses. The following provisions shall
apply to the application of the nonconforming use provisions of this section
80-230 to adult businesses:
i.
Each of the following shall be considered a unique and separate adult
business: adult cabaret, adult media store (which will be considered a single
use even if it also includes adult books and other printed matter); massage
shop, modeling studio, bathhouse, adult motion picture theater and/or sex shop.
ii.
An adult media store is a less intensive use than a sex shop. Any
nonconforming use as a sex shop may be converted to a nonconforming use as an
adult media store at any time with written notice provided to the director of
city development without any further approvals or actions required by the city.
If a nonconforming use as a sex shop is converted to a nonconforming use as an
adult media store, it may not thereafter be converted.
iii. Except as provided in subparagraph ii of
this subsection (2)f, where a certificate of legal nonconformance establishes a
right to operate one or more adult businesses at a particular location, only
the business or businesses specifically identified in the certificate of legal
nonconformance shall be allowed and no other adult business shall be allowed as
a nonconforming use at that particular location. The provisions of subsection
(4) of this section 80-230 shall not apply to adult businesses established as
nonconforming uses and the director of city development has no authority to
authorize a change to a certificate of legal nonconformance for an adult
business except as provided in this subsection (2) of this section 80-230.
iv. Certificates of legal nonconformance issued
for an adult business shall apply to all aspects of the nonconformance of the
adult business with the zoning ordinance, including the separation requirements
established specifically for adult businesses in this zoning ordinance.
v. Notwithstanding other provisions of section
80-230, an adult business which includes one or more motion picture arcade
booths for which there is a certificate of legal nonconformance shall be
allowed to relocate the motion picture arcade booths incident to a relocation
of the business, subject to the following terms and locations:
(1) The motion picture arcade booths may be relocated only
if the relocation involves all adult businesses or all aspects of the adult
businesses on the premises which do not conform to the zoning ordinance in that
location;
(2) Not more than the number of motion picture arcade
booths shown on the certificate of legal nonconformance or proven by the
applicant to be subject to the certificate of legal nonconformance may be
relocated;
(3) Not more than the number of motion picture
arcade booths actually in operation on the date of application for relocation
may be relocated;
(4) The motion picture arcade booths may be
relocated only in conjunction with the relocation of all adult businesses or
all aspects of the adult businesses on the premises which do not conform to the
zoning ordinance;
(5) The location to which the motion picture
arcade booths are relocated must conform in all respects to the zoning
ordinance as to all other aspects of the adult business, including separation
and other requirements specifically applicable to the adult business which is
relocating;
(6) The relocated motion picture arcade booths
shall conform fully with the requirements of section 12-67 of the Code of
Ordinances, including the design requirements;
(7) After such relocation, the motion picture
arcade booths shall be the subject of a certificate of legal nonconformance as
though they had always been at the new location, except that the certificate of
legal nonconformance shall, on its face, reflect the fact of the relocation and
the actual history of the booths involved.
Any relocation
of an adult business, including motion picture arcade booths, shall be approved
by the director of city development upon receipt of a written request and such
other information that the director may request provided that the standards
applied to the determination of approval or denial shall be the conditions set
forth in this subparagraph v. Upon approval of the relocation of the adult
business with the motion picture arcade booths, the certificate of legal
nonconformance at the previous location shall be void.
vi.
No building arranged or designed for or
devoted to a legal nonconforming use may be extended or enlarged or
structurally altered; provided however that alterations to the roofs of
structures, including roof pitches, may be approved by the director of
city
development if the alteration does not increase the floor area or
usable space
of the structure and that establishments with media rooms, preview
rooms or
other spaces created as exempt from Second Committee Substitute for
Ordinance
No. 970827, As Amended, hereinafter referred to as Ordinance 970827" as
codified at section 12-275 through section 12-283, because they were
nominally
designed to seat ten or more people, shall have until May 1, 1999, to
remove the doors from those rooms and to take other actions to bring
those spaces
into compliance with section 12-67(a)(1), (2) and (3). As an
alternative, the
establishment may replace those rooms with no more than the number of
motion
picture arcade booths existing in the same space prior to the passage
of
Ordinance No. 970827, on July 3, 1997, provided that each and every
replacement motion picture arcade booth shall fully conform to the
requirements of this
section, and particularly with section 12-67(a)(1), (2) and (3); any
booths
created by conversion under this section shall be treated as legal
nonconforming uses, as though they had existed continuously from the
date of
passage of Ordinance No. 970827 until passage of Second Committee
Substitute
for Ordinance No. 981270. The provisions of subsections (3)(b)and (c)
of this
section 80-230 shall specifically not apply to adult businesses
established as
nonconforming uses. However, normal repairs and alterations may be made
to a
legal nonconforming building provided that no structural alterations
are made
except as otherwise permitted in this subsection (2)f.vi.
vii. Notwithstanding any other provisions of
section 80-230, an adult cabaret operating under a certificate of legal
nonconformance and providing entertainment that does not comply with the
provisions of chapter 10 of this code may convert to an adult cabaret providing
entertainment that does comply with chapter 10. At the time of such conversion,
upon application which includes a site plan complying with section 80-156(d),
the director of city development may issue a new certificate that allows the
expansion of the adult cabaret providing entertainment complying with the
provision of chapter 10, to include additional floor area within the confines
of the structure of the existing building in which the adult cabaret is
located, provided that the off-street parking requirements of section 80-444
are met, and provided that the converted adult cabaret becomes a less intensive
use. Notwithstanding the provisions of section 80-444, where such off-street
parking facilities are permitted on land other than the lot to be served, such
parking facilities shall be in the same ownership as the lot to be served
unless otherwise permitted under terms approved by the director of city
development. The director may approve a site plan without the parking required
in section 80-444 where the parking provided is consistent with solid planning
principles in consideration of anticipated use, mass transit accessibility and
off-site parking availability. The parking provided on the site plan shall
remain available and shall be the basis of a violation if not provided. Any
adult cabaret that converts as above may not thereafter convert back to
providing entertainment that does not comply with chapter 10. The converted
adult cabaret shall comply with the following regarding signage and displays:
(1) The facility in which such use is located
shall be limited to one wall-mounted sign not to exceed a total of 50 square
feet.
(2) The sign shall not flash, blink or move by
mechanical means and shall not extend above the roof line of the building.
(3) No merchandise or pictures of products or
entertainment on the premises shall be displayed in window areas or any area
where such merchandise or pictures can be viewed from the sidewalk in front of
the building.
(4) No flashing lights or lighting which leaves
the impression of motion or movement shall be permitted.
(3) Extension, expansion or repair of legal
nonconforming uses (not including outdoor advertising signs).
a. The extension of legal nonconforming use to
any portion of a building, which portion constructed expressly for such
nonconforming use prior to the effective date of this chapter or amendment
thereto, shall be permitted, provided no structural alterations are made.
b. No building arranged or designed for or
devoted to a legal nonconforming use may be extended or enlarged or
structurally altered unless the use of such building is changed to a conforming
use or unless a special permit shall be granted by the board of zoning
adjustment in the case of evident hardship; provided however, that alterations
to the roofs of structures, including roof pitches, may be approved by the
director of city development if the alteration does not increase the floor area
or usable space of the structure. The special permit shall not authorize an
extension in excess of 25 percent of the ground area of the original building;
and, further, an extension of the original building shall in no case authorize
the construction of a new and separate structure.
c. No legal nonconforming use of the land may be
extended to cover additional land area unless the use of the land is changed to
a conforming use or unless a special permit shall be granted by the board of
zoning adjustment in the case of evident hardship. The special permit shall not
authorize an extension in excess of ten percent of the land covered by the
original nonconforming use or authorize the construction of any structure or
building.
d. No legal nonconforming sign shall be extended,
enlarged or structurally altered.
e. Normal repairs and alterations may be made to
a legal nonconforming building, provided that no structural alterations shall
be made, except those required by law or ordinance.
(4) Restrictions
on changing legal nonconforming uses.
a. No legal nonconformance shall be changed to
another use unless the director of city development determines that the use is
an equal or higher (more restricted) use and that all other applicable
regulations, including but not limited to parking, setbacks and density, are
met, and authorizes the requested change based upon such determination.
b. If a nonconforming use is changed to a higher
(more restricted) nonconforming use, it may not thereafter be changed unless to
an equal or to a still higher nonconforming use or to a conforming use.
c. For the purpose of this chapter, a
nonconforming use shall be deemed to be changed to an equal or a higher (more
restricted) use when the use to which such nonconforming use is changed is a
use included in the same district classification or in a district
classification preceding the district in question in the arrangement of
districts in this chapter.
d. A nonconforming use, if changed to a
conforming use, may not thereafter be changed back to a nonconforming use.
(5) Discontinuance
of legal nonconformance.
a. A legal nonconformance shall not be resumed if
discontinued. Discontinuance shall be defined as follows:
1. When unimproved land used in a nonconforming
manner shall cease to be used as such for 90 consecutive days.
2. When a structure or building shall cease to be
used in a nonconforming manner for a period of 12 consecutive calendar months.
3. When a legal nonconforming on-premises sign ceases to
identify an activity on the same site for a period of 90 days.
Upon evidence
of hardship, the board of zoning adjustment shall have the authority to extend
the time limits set out in this subsection for a period not to exceed three
months; provided that the application for extension is filed prior to the
expiration dates set out in this subsection.
b. An existing structure, building, use or sign
which becomes nonconforming as to bulk or use by virtue of any amendment to
this chapter, and which does not comply with the requirements of subsection
(6)d. of this section or section 80-35, shall be deemed discontinued.
c. Notice of discontinuance of certificates of
legal nonconformance shall be as follows:
1. Upon receipt of evidence that a legal nonconformance which
has a certificate of legal nonconformance has been discontinued, the director
of city development shall promptly notify the owner that an order will be
issued revoking the certificate of legal nonconformance, absent proof that such
nonconformance has not been so discontinued.
2. The owner of the legal nonconformance shall be given a period
of 30 days from the date of receipt of notice from the director of city
development to submit evidence that the legal nonconformance has not been
discontinued.
3. At the expiration of 30 days or as soon
thereafter as possible, the director of city development shall issue his order
revoking or refusing to revoke the certificate of legal nonconformance. The
decision of the director of city development shall be final unless appealed to
the board of zoning adjustment within fifteen days of the order of the director
of city development.
(6) Establishment
of legal nonconformance.
a. Upon timely request by a property owner, a
certificate of legal nonconformance shall be issued by the director of city
development for all nonconformities lawfully established under the provisions
of this chapter.
b. Any existing nonconformance established as
such, prior to and existing continuously from the effective date of this
chapter, shall be presumed to be a legal nonconforming use.
c.
The owner of any existing structure, building,
use or sign made nonconforming as to bulk or use by any text amendment
to this
chapter or zoning change after the effective date of this chapter but
before March 31, 1975, may apply to the director of city development
for a certificate of legal
nonconformance pursuant to subsection (6)g of this section.
d.
The owner of any existing structure, building,
use or sign made nonconforming as to bulk or use by any text amendment
to this
chapter after March 31, 1975, and before January 23, 2006, or any
zoning change after March 31, 1975, shall have a period of one year
from the date the
structure, building, use or sign is made nonconforming to obtain a
certificate
of legal nonconformance from the director of city development as
provided in
subsection (6)g of this section or it shall be deemed discontinued.
e.
Within 30 days after the effective date of any
zoning change occurring after March 31, 1975, which shall render any
existing structure, building, use or sign nonconforming as to bulk or
use, the
director of the city development department shall cause to be published
a
public notice in a daily paper, twice, on two successive weeks,
notifying all property
owners affected by such zoning change, of the provisions of this
section and
the requirement that an application for a certificate of legal
nonconformance
must be filed within the one-year period set forth in this section. The
director of the city development department shall also send by
certified mail,
return receipt requested, a copy of such public notice to the property
owners
of every structure, building, use or sign actually known by the
director to be
affected by the zoning change, resulting in nonconformity as to use or
bulk,
and shall post a copy of the public notice at a conspicuous place on
the
structure, building or land or shall deliver a copy of the notice to a
person
found at the property.
f. Each property owner or person affected shall
make application for the certificate of legal nonconformance upon such forms as
the director of city development shall provide. A certificate of legal
nonconformance shall then be issued by the director of city development to the
applicant if the nonconformity was established and exists as provided for in
this section.
g. Upon timely request by the owner, a
certificate of legal nonconformance shall be issued by the director of city
development upon satisfactory proof being submitted by the applicant that the
nonconformity as to bulk or use was legally established prior to the effective
date of this chapter or any amendment thereto which created the nonconformity
as to bulk or use and that such use has not been discontinued. Satisfactory
proof shall also be submitted to establish that such nonconformity has not
previously been adversely ruled upon by the director of city development, the
board of zoning adjustment or a court of competent jurisdiction. The director
of city development or his designee shall receive all competent evidence
submitted, shall have inspected the structure, building, use or sign which is
the subject of the application, and shall render his decision in writing either
granting or denying the certificate.
h. An appeal from the decision of the director of
city development may be taken by the applicant or any aggrieved party in
accordance with the provisions of section 80-310.
i. If no appeal is taken within fifteen days
from the date the decision of the director of city development is issued, the
decision shall become final and any certificate of legal nonconformance issued
or not issued shall establish the legality of the nonconforming structure,
building, use or sign.
j. Any structure, building, use or sign made
nonconforming by any amendment to this chapter or after the effective date of
this chapter for which the owner fails to obtain the required certificate of
legal nonconformance as provided in this section shall be an illegal
nonconforming structure, building, use or sign and as such shall be in
violation of this section and shall be prohibited.
k. The board of zoning adjustment is hereby
authorized to adopt rules and regulations to establish a procedure for
administration of this section by the director of city development, and
specifically to establish the procedure of determination of satisfactory proof
as required by subsection (6)g of this section.
(7) Restoration of destroyed legal
nonconformance (not including outdoor advertising signs).
a. Nothing in this chapter shall prevent, within a period of six
months from the date of the destruction, the securing of a permit for the
restoration of a legal nonconforming structure (not including outdoor
advertising signs) or building not more than 50 percent, as measured by the
fair market value of the structure or building, destroyed by fire, explosion,
act of God or act of the public enemy.
b. The determination of whether a structure or
building is 50 percent, as measured by the fair market value, destroyed shall
rest with the director of city development.
c. No permit for restoration shall be issued by
the director of city development unless a certificate of legal nonconformance
is presented with the request for a permit.
(8) Interpretation. Nothing in this
section shall be interpreted as authorization for or approval of the
continuance of the use of a building or premises in violation of zoning
regulations in effect at the time of the effective date of this chapter or of
any amendment thereto.
Section 5. That
the Council finds and declares that before taking any action on the proposed
amendment hereinabove, all public notices and hearings required by the Zoning
Ordinance have been given and had.
_____________________________________________
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
___________________________________
Secretary, City
Plan Commission
Approved as to
form and legality:
___________________________________
M. Margaret
Sheahan Moran
Assistant City Attorney