ACTION REQUESTED:
Title
Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from the Planning & Zoning Commission and Staff to ADOPT an ORDINANCE Amending Appendix A, the Unified Development Code, Relating to ZONING REVIEW AND NONCONFORMITIES.
Body
BACKGROUND:
The ordinance amendment in this recommendation does not make any significant changes to the nonconforming section of the Unified Development Code (zoning ordinance). The purpose of this amendment is to clarify and simplify the existing rules to provide a set of regulations that are more easily understood by the public.
Nonconformities are created when regulations change after a structure or use has already been established. Following are some common examples of nonconformities.
• Nonconforming structure:
o A house was built in 1912, before the adoption of a zoning code and only has 2 feet between the house and the side lot line.
o In 1937 the property was zoned, and a minimum 4-foot side yard setback was required.
o The building is now nonconforming because it does not meet the zoning district setback requirements.
• Nonconforming use:
o An auto repair shop is legally established in a Commercial zoning district.
o Several years later, the zoning is changed to an Office district.
o Auto repair is not permitted in Office districts.
o The existing auto repair business is now nonconforming.
• Nonconforming sign:
o A local restaurant built a 40-foot tall 100 square foot sign as allowed in 1952.
o The sign regulations were changed in 1989 to set a maximum height of 25 feet and a maximum face size of 70 square feet.
o The existing sign is now nonconforming.
It is important to remember that for a use, structure, or sign to be nonconforming, it must have been legally established. Someone who establishes a use or builds a structure that was not legal at the time cannot later claim nonconforming status.
The City is presented with numerous questions related to nonconformities. These questions are broken down into four (4) categories as listed below.
• Continuation of a nonconformity.
• Expansion of a nonconformity.
• Reduction of a nonconformity.
• Change to a nonconformity.
Using the three examples above, the following table illustrates how each of these questions would be answered.
|
|
Continuation |
Expansion |
Reduction |
Change |
|
Structure |
May be continued indefinitely unless damaged beyond 50% of the replacement cost. |
Permitted if the expansion meets current regulations. Requires Council or ZBA approval if the expansion does not meet current rules. |
Permitted if the reduction reduces the nonconforming situation. Requires Council or ZBA approval if the reduction retains or increases the nonconforming situation. |
Permitted if the change meets current regulations. |
|
Use |
May be continued unless abandoned for 12-months or more |
Only with Council approval. |
Permitted. |
Only permitted if the new use is less intense than the existing use and Council approval is provided. |
|
Sign |
May be continued unless the sign is damaged beyond 50% of the replacement cost or the entire sign structure is removed. |
Only with Council approval. |
Permitted. |
Only changes to the sign face are permitted. |
The goal of nonconforming regulations is to allow legally established structures, uses, signs, and lots to continue to be used while providing a framework for expansions, reductions, or changes.
The Planning & Zoning Commission found that the request met the Findings of Fact and voted 6 to 0 to APPROVE the request.
See the attached Planning & Zoning Commission case packet and meeting minutes for detailed information.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting): None
IMPACT IF APPROVED: The Unified Development Code will be amended to allow for special use approval for certain transfers of converted residential properties and reorganization of Chapter 9 Nonconformities.
IMPACT IF DENIED: The Unified Development Code will not be amended.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Grow Peoria
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Have an efficient government.
DEPARTMENT: Community Development