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Municipal Code


Municipal Code

Chapter 18. General Zoning Ordinance

Sec. 18-84. Nonconforming Sites

(1) Blanket Conforming Status.

(a) Blanket conforming status for any and all requirements of this Chapter is hereby automatically granted to all development sites in their configuration existing or as finally approved as of the effective date of this Chapter.

(b) After the effective date of this Chapter, additional site development that would result in the enlargement, expansion, or extension of uses or structures will not be allowed to occur without bringing the enlargement into full compliance with the provisions of this Chapter, or to the extent practical without removal of lawful structures in accordance with the following Subsections (c) through (f), below.

(c) This Subsection is intended to prevent the creation of nonconforming sites related to the building and site design requirements of this Chapter. These building and site design components may include one or more of the following:

1. Bulk, intensity, and density requirements.

2. Exterior building materials requirements.

3. Exterior building design requirements.

4. Parking, loading, access drive and other paved area design requirements.

5. Landscaping requirements.

6. Bufferyard requirements.

7. Fencing requirements.

8. Lighting requirements.

(d) This Subsection ensures that sites approved prior to the effective date of this Chapter do not encounter difficulty because they would otherwise be considered nonconforming.

(2) All new buildings, structures, and parking areas, including additions, shall comply with all site design requirements of this Chapter for the new portion of the development. See Section 18-133 for specific regulations for addressing street frontage landscaping.

(3) On lots where the site configuration and undeveloped area are sufficient to comply with site design requirements, no enlargement, expansion, or extension of a use, structure, or paving shall be permitted if it makes compliance with the site design requirements of this Chapter impossible, even if said enlargement, expansion, or extension of the use, structure, or paving would otherwise be permissible.

(4) On lots where the configuration and undeveloped area of the nonconforming site provides insufficient space to bring the site into full compliance with all site requirements but nevertheless provides space to reduce the degree of one or more nonconformities, the Plan Commission shall make a determination as to the manner and degree to which each site nonconformities shall be brought into conformance.

(5) Enlargements, expansions, or extensions that would result in creation of one or more nonconformities, render a nonconforming site incapable of being brought into full or greater compliance with nonconforming site requirements, or increase the degree of existing nonconformities with the site development standards of this Chapter shall not be permitted, unless a variance is granted by the Zoning Board of Appeals under Section 18-165.

(Code 1982, 17.12(5))