HomeMy WebLinkAboutORD 1252 - ORD Relating to Commericial District Zoning
n
ID
) 'I
\ ',:
I . (
I"':
U
11
ORDINANCE NO. 1252
AN ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING; AMENDING THE
ZONING ORDINANCE TO ESTABLISH A COMMERCIAL DISTRICT AND
REGULATIONS THEREIN, TO INCLUDE RELATED PROVISIONS AND TO REPEAL
OTHER PROVISIONS; AND CONTAINING FINDINGS AND OTHER PROVISIONS
RELATED TO THE SUBJECT. .
WHEREAS, by the passage of Resolution No. 85-24, the City Council
of the City of West University Place, Texas (IICityll) submitted certain
proposed amendments to the zoning ordinance of the City to theCity's~
Zoning and Planning Commission (IIZ&P Commissionll);
WHEREAS, the Z&P Commission has studied such amendments and has
developed draft ordinances containing such amendments;
WHEREAS, by the passage of Ordinance No. 1249 on December 9, 1985,
the City Council called a joint public hearing. on the proposed
amendments before both the City Council and the Z&P Commission, and
notice of such hearing was duly given by the City in accordance with
the requirements of said ordinance, which~are incorporated into this
paragraph by this reference;
WHEREAS, the joint public hearing was duly convened and held on
January 7, 1986, and all parties in interest and citizens were provided
an opportunity to be heard, and many persons appeared and addressed the
City Council and the Z&PCommiss,ion at this time;
WHEREAS, the Z&P Commi ss i on h'a-s~ prepared. and deli vere.d. ~a ,report to
the City Council, a copy of which is included in the minutes of the
Ci tyCo'unci 1 ,i nwhich the 'Z&P,: Comm.iss i on recommends theadopti on of
said amendments to the zoning:ord';nQnce; ;'
WHEREAS, the City Council has carefully considered the information
available to it, including the information provided at the joint public
heari ng and in the report of the Z&P Commi ss ion;
, ,
WHEREAS, the'City Council desires:-to: .adopt 'such amendment in the
form recommended by the l&P .Commi s5:i on, with' certainrevi si ons, and the
City Council hereby finds that all necessary predicate acts have been
duly performed and tha~t 'the:Ci.ty :Councilhas jur;s;dicti on,. power and
authority to adoptl such amendme,nt;,
NOW, THEREFORE:,
I BE IT ORDAINED BY THE CIT~ COUNCIL _OF THE CITY OF>WEST UNIVERSITY
PLACE, TEXAS:'
Section 1. Ordinance No. Ill, as amended, of the City (the
IIzoningordinancell) is hereby amended such that Section 5 thereof shall
read in its entirety as set out ,in Exhibit A,'which is attached hereto
and incorporatred herei n by thi s reference for. ~a:ll purpos.es\.
,
I
_______~_ _ z:=!!
_ _---L<...-liI ..._,
,.._,-~:
_IJIII'1111111I'1i1 II I
LlJII' 'I
"
12
Section 2. The zoning ordinance is amended such that references .!l!\','l
in such ordinance to the retail business district shall be deemed to be
references to the commercial district.
~
Section 3. Except as otherwise provided in Section 6, the
following.portions of the zoning ordinance are hereby repealed:
(1) Section 14 (relating to construction of buildings in the
retail business district), and
(2) subsections (3) (relating to retail business district),
(4) (relating to retail business district) and (5)
(relating to lot lines) of Section 29.
Section 4. This ordinance applies only to violations 'committed on
or after its effective date, and a violation committed before the
effective date is governed by the zoning ordinance existing before the
effective date. The zoning ordinance existing before the effective
date is hereby continued in effect for such purpose as if this
ordinance were not in force. For purposes of this section, a violation
is committed on or after the effective date of this ordinance if any
element of the violation occurs on or after the effective date.
Section 5. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance, or the application thereof to
any person or circumstance, shall ever be held to be invalid or ')::J
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 6. (a) All ordinances and parts of ordinances in
conflict herewith are hereby repealed to the extent of the
conflict only, except as otherwise provided in Section 3 hereof or
in this Section.
(b) Should any other ordinance apply to persons or..
property formerly within the retail business district, it is the
intent of the City Council that this ordinance shall also apply.
If such other ordinance is more restrictive than this ordinance,
such other ordinance shall govern and control; in all other
respects, this ordinance shall govern and control. Should all or
any major portion of this ordinance be held inapplicable to any
such persons or property, it is the intent of the City Council
that such persons or property shall not be unregulated to that
extent, but that instead those ordinances formerly applicable to
such persons or property which may be repealed by this ordinance
shall continue to apply to such persons and properties, and such
repealed ordinances are continued in effect for this purpose.
Section 7. The City Council officially finds, determines and [jll'
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which thi~ ordinance was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
n
II
L)
-;~.
13
:)
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and, ,action. The
Ci ty Council rati fi es, approves and confi rms such noti ces and the
contents and posting thereof.
Section 8. This ordinance takes effect on the tenth day following
its publication, as required by Section 2.12 of the City Charter.
PASSED AND APPROVED ON FIRST READING this 20th day of
January, 1986.
Councilmembers Voting Aye:
Councilmembers Voting'No:
Mayor Parks, Councilmembers Higley,
Bryan, Cummings, Schwartzel
None
PASSED AND APPROVED; AS AMENDED, ON SECOND BUT NOT FINAL READING
this lQ1b day of FEBRUARY ,19 86 .
J
Councilmembers Voting Aye:
Councilmembers Voting No:
Mayor Parks, Councilmembers Higley,
Bryan, Cummings, Schwarttel. i
None
PASSED AND APPROVED, AS AMENDED, ON THIRD BUT NOT FINAL READING
this f.!t..b day'of FEBRUARY , 19 86 .
~
I !
L~
Councilmembers Voting Aye:
Councilmembers Voting No:
Mayor Parks, Councilmembers Higley,
Bryan, Cummings, Schwartzel
None
PASSED AND'APPROVED' ON FOURTH AND FINAL READING this 10th
day of MARCH ,19~.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
ATTEST:
n
/)
L\
Audrey Nichols
City Secretary
( Sea 1)
, I
Mayor Parks, Councilmembers Higley,
Schwartzel
None
Councilmembers Bryan, Cummings
; i
Mic:hael L. Parks,: Mayor-
i : '". APPROVED AS TO ,FORM:
,James L. Dougherty, Jr.
CttyAttorney
_..~lIlll1lll1I1UIIl- '-I"
11,'r"1
1'1
;., I
14'
Exhibit A
(Relating To The Commercial District)
Section 5. COMMERCIAL DISTRICT.
( a ) Genera 1.
(1) The commercial district includes those areas within the
retail business district of the City, as such retail business district
has been heretofore established," amended and added to~
(2) It is the intent of this section that only those
commercial land uses which are compatible with nearby, single-family
residential uses should be allowed within the commercial district.
(3) It shall be unlawful:
(i)
for any person to. ,use, own, possess, occupy or
control any building, structure, land area,
premises, or impro,vement withjn the commercial
district except in strict compliance with the
provisions of this section; or
(ii) for any person to erect, move, construct
or alter any building, structure or
improvement within the commercial district
except as expressly permitted by this section.
(4) It shall be' an affirmative defense in any proceeding to
enforce this section that:
(i) a variance, special exception or planned
development distrfct ordinance authorizing the
conduct in question was duly issued or
adopted; or
(ii) the conauct in question is allowed by the
provisions of this section relating to
non-conforming uses.
(5) 'This section applies only with respect to the commercial
district.
(b) Definitions. In this section:
(1) . IIAddress markerll means a display, design or other
representation which communicates nothing other than the name of a
il
U
o
u
Exhibit A
(Relating To The Commercial District)
1'5
n
building, the name of a person or entity occupying the building and the
building's address.
(2) "Auto-intensive use" includes any land use where goods
or services are provided to or for motor vehicles or to persons who may
remain within their motor vehicles to receive such goods or services.
Examples, which do not limit this definition, are gasoline fueling
facilities, automobile sales or repair"'facilities, "drive-through"
restaurants, and "drive-in" establishments.
(3) -1IBar"means any building or-leasable area: within which
either 50% or more of the floor area is devoted primarily to the
preparation or sale of alcoholic beverages for consumption on the
premises or in which the sale of alcoholic beverages for consumption on
the premises accounts for 50% or more. of the gross sales within such
building or leasable area in any month out of the three preceding
months.
o
(4) "Board" means the zoningl board' of. adjustment.
(5) "Building" means any structure for the support, shelter,
or enclosure of persons, animals, chattels or'property of any kind.
(6) "Commission" means the Zoning and Planning Commission.
. ,
(7) "Display area" means all parts of a sign which contain
messages or displays or which are designed such that they could contain
messages or' di sp 1 ays'. ., . ,~
(8) "Front lot line" means the common boundary of a parcel
and a street. If the parcel shares a common boundary with two or more
str~ets, on~'of which i~ a major tho~oughf~re1 the front. Jot line is
the common boundary with the major thoroughfare~ If aH boundary',
streets are major thoroughfares, the front lot line is the common
boundary with the'thoroughfare'having the, longest-frontage) but if all
of the'thoroughfares:have equa]'frontage~ the front lot line is the
line designated by the owner. If none of the streets is a major
thoroughfare, the' front lot' 1 ine. is the' common boundary:' with the.! street
having the longest frontage, but if all of the streets. have equal
frontage, the front lot line is the line designated by the owner.
(9) . "High;..densityresidential uses'" means' thos,e
residential land uses other than single-family residential land uses.
(10) "Light commercial use" means any land use composed of
one or more of the following: offices for ordinary business or
profe~sional activiti~s, stores for the- sale at retail of goods or
services, restaiJrants, bianks, sav,ingand' 1 oanestabl:i shments: or.
physica'l fitness faci:lities.: :Anyauto-'intensive ,light .commerdal use
is a medium commercial use.
n
1,-1
, I
,
(11) "Medium commercial use" mea,nsany land ,use composed of
one or more of the following: auto-intensive light commercial uses,
schools, churches or places of worship, theatres, bars, clubs or health
.1....-..-.........:
. .-
."
iU..1JI .,
-1.........-!lL.:llllimI1J.I.IlUII..I.- .
_11IM UlIlI In II~ I
.1'1'11
5, I
16
Exhibit A
(Relating To The Commercial District)
care facilities.. Any use'which is partially a light commercial use and
partially a medium commercial use shall be deemed to be a medium
commercial use.
n
U
(12) "Major thoroughfare" means Bi ssonnet Street, Ki rby
Drive or Bellaire Boulevard.
(13) "0ff-premises sign" mean~ a. sign advertising a
business, person, activity, goods" products or services not usually
located on the parcel where the sign is installed and maintained or
which directs persons to any location not on the premises.
(14) "Parcel" means a contiguou~ area under common'ownership.
. (15) "Pe~son" includes natural persons, partnerships,
corporation~ and all other entities.
(16) "Pervious area" means an area of natural ground covered
by grass, trees, shrubs or other living plants, all designed,
constructed and maintained to allow water to pass through, be retained
or absorbed, thus preventing excess water flow off,the property. The
area occupied by impervious landscape, materials (such as, for example,
borders, stepping stones or retaining walls) or by paving materials
(including, for example, gravel and ,concrete or composite materials
with spaces for grass or living plants) is not counted in the
computation of pervious area. ,
(17) "Qualified tree" means a tree which conforms with all'
applicable rules as to species, size, placement and maintenance as may
be prescribed by the Commission.
~I
, !
~
, . .
(18) "Rear lot line" means the boundary of a parcel most
nearly opposite the front lot line.of the parcel.
(19) "Residential,street" means any street abutting a given
parcel where, within 200 feet in either direction along the street
(measured from the side. lot lines of the given parcel), 51 percent or
more of the property fronting. on the street is within a residential
district. A major thoroughfa.re cannot bea residential street.
(20) "Side lot line" means each boundary of a parcel except
the front lot line, the rear. lot line and ,any side street lines.
(21) "Side street line" means each common boundary between a
parcel and a street, except the front street line.
(22) "Sign" means.. any outdoor display, design, pfctorial or
other;representation which shall be so constructed, placed, attached,
painted, erected, fastened or manufactured, in any manner whatsoever so
that the same may be used to seek the attraction to, or to direct the )l
attention of the public to, any goods, services or merchandise It! II
whatsoever. The term includes any structure which supports a sign.
~
Exhibit A
(Relating To The Commercial District)
17
u
o
(23) "Single-family residential use" means a lan~ use
involving no more tfian one single-family, detached dwelling on a
parcel containing at least 5,000 square feet.
(24) "Special screenll means'all.opaque fence or wall designed,
. constructed and maintained to reduce risks of .fire, unsanitary
conditions and vandalism and to prevent the viewing of a loading dock
or storage area, or any associated equipment, from any public street or
from any property within a residential district. Buildings or other
structures may be incorporated into special screens.
(25) "Spectacular signll means any sign which has
automatically changing advertising or which is equipped with flashing,
changing, glaring or moving lights or which has any moving message
whatsoe~er,:or which is illuminated with tolored lights. A sign with a
message which does not move or change'more than once in any four-hour
period is not within this definition.
(26) UStreetll includes.all of the area within the right of
way of any public thoroughfare.
(27)' IIStructurellmeans'anything constructed, the'use,of which
requires either permanent location on ar in the ground' or attachment to
something having a permanent location on or in the ground.
(28) IIWaste storage area" means any area designed or used to
store garbage, trash or other wastes.
(c) U3e3 Permitted: Within the'Commercia] District"tbe
following land uses, and no others, are permitted:
'(i). ')
(i i)
, "( i ii)
c single-fami ly residential' uses';
. , (i v)
light commercial uses;
medium:commerciaJuses, but only to the
extent authorized by a sp~cial exception duly
granted or a'planned development district
ordinance dulya'dopted; and, ,
, , , i r .
high-density residential uses, but only
to. the extent- authori zed bY ap 1 anned
development district ordinance duly adopted.
.". "j.' 1'~ :_
(d) HeiQht. Within the ~ommercialDistrict, no building or
structure may exceed 35 feet oi n;heii'ght-.,
(e) Site Criteria
u
. .
(1) . Frontage. If.a parcel abuts both a :residentia;l street
and a major thoroughfare, none of the buildings on the parcel, none of
the entrances to such buildings. 'and no structure designed to provide
goods or services may face: :or:' 'be' located adjacent to the residential
street. If a parcel abuts a residential district, none of the
, .
18
,_11I1""11"1'111 II ' I . 1'1' 'I
Exhibit A
(Relating To The Commercial District)
.--,
I I
buildings on the,parcel and no structure designed to provide goods or
services may face the residential district directly. .
(2) Setbacks. No part of any building, except steps,
unenclosed porches and eaves, shall be permitted within:
(i)
( ii)
(iii)
(i v) ,
(v)
~
30 feet from. the front street line;
15 feet from any side street line;
five feet from any side property line;
five feet from any rear property line; or
the greater of ten feet or the. height of
the part in question, from the nearest portion
of any residential. district.
However, the board may grant a variance to allow a setback. less than
thirty feet from the front street line if the street is a major
thoroughfare, if the setback allowed is at least ten feet and if the
variance is conditionep upon the installation and maintenance of the
greatest.practical amount of pervious area withint~e reduced setback
area. The board may also grant a Variance to allow a zero-distance
setback from a side property line separating two parcels in the
Commercial District, but only upon application of both property owners
and only if the variance is conditioned upon the construction and
maintenance of a common wall (with a four-hour fire rating or better)
along such line, so as to avoid an inaccessible slot~like area
between buildings.
(3) Pervious Areas. . At least fifteen percent of the area
of each parcel must be pervious area.
(4) Transition Features. Along every common boundary
between a parcel containing" a structure and any residential district,
there must be an opaque fence or wall eight feet in height. Unless
both sides of the fence or waJl are finished, the finished side must
face the residential district. Where a parcel containing a building or
structure lies directly across a street from any property within a
residential district, there must be the greatest practical amount of
pervious area within the front ten. feet of the parcel.
~
I
I
:~
(5) Special Screens. Loading docks and waste storage areas
must be surrounded by speci a 1 screens. No waste st.orage are'a may be
located in whole or in part within 10 feet of any property within a
residential district.
(6) Parking Areas. There must be a motor vehicle parking
area which complies with all of the following criteria:
(i) The parking area. must comply with Section 34
of this ordinance.
J
Exhibit A
(Relating To The Commercial District)
19
II
L}
(i i)
Each parking area shall be surrounded,by ,
a belt of perv10us area at least-five feet
in width, except at those places occupied by
perpendicular driveways or sidewalks or py
structures.
n
LI
(iii) Each parking area must be paved with
reinforced concrete with curbs and drains.,
The board of adjustment may not grant a
variance toaJlow the use of other materials
unless it finds that the other materials will
provide equal or better durability.
(iv) Each parking area containing 21 or mor:e
parking spaces must contain interior
pervious areas (in "island" configurations)
aggregating in area at least two square feet
for each parking space and containing at least
one qualified tree for each 20 parking spaces.
(v) There'must be a loading area which complies
with Section 34 of this ordinance. No
building may be located, in whole or in part,
more than 200 feet from the nearest part of a
loading area on the same parcel.
(7) Storage. No part of any parcel may be used to store any
goods or materials' outsi de. a: ~ui'l ding,' except: temporari ly during, the
time that a building permit'js~ in effectr and: only: then when needed- in
connection with the activity. author:ized by the"' building perm,it.,
(f) Buildinq Criteri'a~'.
(1) Building materials.,: The materials, used, to construct
each building must be of equalgrade'and quality on aU sides.iNo.
building may have an exterior surface constructed" of mirrored glass.
As us~d h~rein, "mirrored ~lass" means glass with a reflectance
greater than 20%.
(2) Lighting. If any given parcel has a common boundary
with property within a residential district, all artificial lighting
devices shall be designed:,'constructed and operated so as to prevent
the illumination of the common: boundary a~ove either of the following
levels (determined by standard test, methods approved by the Commission):
(i) 0.25 foot candles of average general light
overflow, or ;
I'
U
(ii) 0.50 foot candles at any, given point.
(3) Signs. No more than two separate display areas may
appear on any given parcel:.' . pm~'may not -exceed\30 squa're feet in size,
and the other may not exceed 15 square feet in size, but any display
area designed or intended primarily to attract the attention of1persons
I. ,n----. . '~II JlI It 1111 IIr;lal.-
20
. _.11111 11I;l; I!!. II
LliJ:.:.l1
1'1
Exhibit A
(Relating To The Commercial District)
on a residential street may not exceed 15 square feet in size. One !~I
sign may be, mounted on a bu il di ng , : and one, may be mounted on the ground I
or on" a structure within ten feet off the front street line, provided .
that no part of the display:area of a sign-mot affixed to a building LJ
may be positioned higher than ten,feet above grade level or between
three feet and six feet above grade level. There may be one address
marker not exceeding ten square feet in size and mounted either on a
building or within ten feet of,thefrontstreet line. Off-premises
signs, portable signs, spectacular signs and roof signs are not
allowed. No sign may be lighted'at'those times when the business area
or activity on.,the parcel is closed to the public.
(g) Trees. There must be at least one qualified tree for each
500 square feet of pervious area,:with a minimum of one qualified
tree per ~arcel. "To calculate the-number of required trees, the number
of'square feet of. required pervious area is rounded to 'the next
higher integral multiple of 500. The Commission shall promulgate rules
governi ng the speci es, si ze,: p,l acement' and' ma i ntenance of trees.
(h) Plat. Plat approval pursuant to Chapter 20 of the Code of
Ordinances is required to the extent therein provided.
(i) Variances.
(1) The jurisdiction of: the board to grant variances from
the requirements of this section shall be limited to the requirements :l
of subsections (d), (e), (f,) and (g)" subject to provisions of this ! I
subsection and to special provisions appearing elsewhere in this ~
section. This section applies instead of paragraphs (1) through (8) of
subsection (b) of Section 30 of this'urdinance.
(2) The applicant for a variance must submit, together with
the other materials required by the rules of the board, any plat
required by Chapter 20 of the Code of Ordinances, with an approval
which is'still current. The Bpproval may'be made subject to'~he
granting of a variance.'
(3) The board may not grant a variance unless it makes all
findings specially required by the provision in question and further
finds. and determines:
(i) that owing to special conditiohs,'a literal
enforcement of the provi s ions of thi s '
ordinance will result in unnecessary hardship.
(i i) tha,t the spi rU of the ord'i nance wi 11 be
observed and substantial justice done, and
(,i i 1) that' the v:a ri ance wi 11 not be contrary to the
public interest.
(4) 'The board may, prescri be co.nditi ons'and safegu.ards to be
observed in connection with any variance and shall do so when required
by this section. Variances may be made for a specified temporary
~
I I
-----.J
21
n
Exhibit A
(Relating To The Commercial District)
period. All variances remain subject to the supervision and control of
the board.
"
(j) Special Exceptions.
(1) The board may grant a special exception only to allow a
medium commercial use within the commercial district.
c
(2) The applicant for a special exception must submit,
together with the other materials required by the rules of the board,
any plat required by Chapter 20 of the Code of Ordinances, with an
approval which is still current. The approval may be made subject to
the granting of a special exception. The 'applicant must also submit a
traffic and parking analysis conforming~to requirements as to scope,
format and authorship as may be prescribed by the board.
(3) The board may not grant ~ special exception unless it
finds ,that the proposed use will not cause any significant increase in
on-street parking, will not cause any substantial traffic congestion,
wi 11 not cause any substanti al i ncreas,e fi1 traffi c on a resi denti a 1
street, will not imposeany,unreasonable'burden upon the utility'
systems or upon any other public facility or public service and will be
in harmony with the general purpose and intent of this ordinance. If
the proposed use includes a bar, the board must find that the applicant
has clearly demonstrated that there is a readiness, willingness and
ability te comply with all appli~able laws, rules, regulations and
ordinahces relating to alcoholi~ beverages:~
. ".'. ': .
(4) The board may prescribe conditions and safeguards to be
observed in connection with any special exteption, and th~ board shall
do so where required by the provisions of this ordinance. Special
exceptions may be made for a:" specified temporary period~
, ,
", j"
(k) Planned Development Districts;
(1) The intent of this subsection is to provide a flexible,
alternative procedure to encourage imaginative and innovative designs
for the unified deVelopment of'parcelsin'the Commercial District,
within' ove:rall use regulations as s'et forth below and in accordance
with the:' City I 5 comprehens ivepl an,~' A planned development di stri ct is
designed: . . _ i I
(i) to allo~ the devel~pment of mixed-use
projects; ,- - I' '
u
, j (,i i), to enhance and .preserv,e; areas whi chare
unique or have outstandrtng 'scenic" "
environmental, cultural or historic
significanc~; ,
(iin ': to provide an alternative' formore'.efficient
Lise, ofland"resu'lting' tn, smaller utility
networks, safe-rstreets" mor.e open space and
lower construction and maintenance costs;
~.
-1,-,-~
~1.-..l..l.......l..J....W..A-
.....I~IIIIPJ 1I11~ 'II I
L.,.1I.U..l.l
,Ft,
,-, .
22
Exhibit A
(Relating To The Commercial District)
\
(iv)
J
to encourage harmoniousand'.coordinated
development, considering natural features,
community facilities, circulation patterns,
and surrounding properties and neighborhoods;
(v) to facilitate the determination of the effect
ofrdevelopment upon-thetax'base, the local
economy, population, public facilities and the
env ironment; ,and " . \
(vi) to'require-the application of professional '
planning and-design techniques to achieve
overall coordinated development and avoid'the
. negati ve, effeets:' of pi ecemea 1 or unpl anned
'dev~lopment. '
'i(2)~ The applicant for'a-planned~development district must
own the entire parcel subject tothe'applieation. -The parcel'must
.' include either 40,000 square feet or'more; all c.ontiguous..or separated
only by a street, or 20,000 square feet or more all contiguous and
composed of two or more tracts previously owned or platted'as
separate parcels. .
(3) The applicant must submit a development plat (which may
be the same' as' a plat submitted'under Chapter 20 of. this Code) and a
development report (containing a general description of the proposed U"
development and an analys:is of" traffic patterns, streets, drainage,
utilities, and maintenance of public spaces), together with those items
the City staff or theCommissionc may .reasonably request.. 'Processing
procedure is. the same-as for amendments to, this ordinance.'
, .
(4)' The only u$espertnittedin a planned development
district are light commercial uses, medium commercial uses and
high-density residential uses~
. (I) Non-ConforminqUses
'(I) Within the Commercial' District there may exist
buildings. structures. parcels and uses ,which are lawful before this
section, or'some provision inthis,sectiQn, becomes applicable but
which would thereafter be prohibited, regulated, or restricted. by this
section. It is the intent of this subsection to permit those
non-conformities to contHlUe' until they are removed, but not to
encourage their survival. It is further the intent of this subsection
that non-conformities shall not be enl arged upon, expanded or
extended, nor be used as grounds for adding other structures or uses
prohibited elsewhere. ' !
(2) Non-conforming uses .are dec.lared to be incompatible
with permitted uses in the Commercial District. A non-conforming use
of a structure, or of land, or.of a structure and land in combination
shall not be extended or substantially enlarged after this section
becomes applicable. Ifa structure or land is non-conforming in some
,------,
i
I
'---'
Exhibit A
(Relating To_The Commercial District)
23'
lJ
respect, the structure or landmay:noLbe altered in that respect so as
to 'increase the degree by which it isno~~conforming.
(3) To avoid undue-hardship, nothing in this section shall
be deemed to require a change in plans, construction, or designated use
of any building or structure on which actual construction lawfully
begins prior to the date this section becomes applicable'and'on which
actual construction is thereafter carried on diligently~ and such "
buildings and structures are deemed to be in existence on such date.
"Actual constructionll is hereby.defined:toinclude the placing of
construction materials in permanent position and fastened in a
permanent manner.
(4) The non-conforming use of land where no building is
involved and where the use is existing on the date this section becomes
applicable. may be continued for a period.of not more than two years
therefrom, provided that no such non-conforming use of land shall in
any way ~e expanded or extended either on the same or on adjoining
property. If such non-conforming use of land or any portion thereof
is discontinued or changed, any future use of such land shall be in
conformity with this section. .
(5) Non-conforming use of a structure existing when this
section becomes applicable,may be continued, subject to the following:
u
(i)
. If such non-conforming structure is
voluntarily removed, the future use of the
parcel in question shall be in conformity with
this section. '
(ii) If a non-conforming use of any
structure is discontinued for a period of one
year or longer, the use of the same shall
thereafter conform to the provisions of this
section.
(iii) If a non-conforming use is changed to a
conforming use, it may not thereafter be
change~ back to a non-conforming use.
(iv) If more than 50 percent of the value of a
structure is lost by fire, casualty or
obsolescence, it shall not be reconstructed or
extended unles~ it is made to conform to this
section.
(v)
Neither ordinary repairs to non-conforming
structures nor the replacement of
non-load-bearing walls, fixtures, wiring or
plumbing are prohibited if the cubic content
of the structure is not increased to a level
greater than 110% of its cubic content when
this section becomes applicable.
n
..III!lTI!lTlTTflTI:TIl~
1111""""------
-~r - ~- - ---,---,------.-
24
Exhibit A
(Relating To The Commercial District)
(vi)
A non-conformingiuse may not be
significantly changed in nature or in terms of
its occupancy unless the entire structure is
made to conform'to:this section.'
..
(6): Notwithstanding the'foregoing, after August 31, 1986,
this subsection does not appll to'violations of the following
provisions of this section:,' ',' \ ' : '
:(i) i Paragraph (5) of Subsection (e), first
; . . sentence (~elatiryg to special screens).
(i i) Paragraph (7) of Subsection (e) (relating
to outdoor storage).
:
(iii) Paragraph (2) bf;Subsection (f) (relating to
. 1 i ghti ng) .
d :" ;
: ,\
'r ..
"I
'j I'
j'
fI
i I
I I
I J
~
iJ
~J