§ 47-3.9. Reuse of a nonconforming structure.

A.

A nonconforming structure which has lost its legal nonconforming status may be permitted for a proposed use subject to the following:

1.

The nonconformity is due to yard or height only.

2.

The proposed use of the nonconforming structure is permitted in accordance with all applicable provisions of the ULDR.

3.

The proposed use complies with the development requirements relating to improvements located outside of the principal structure. Such development requirements shall include but are not limited to parking, landscaping, signs, ingress and egress, alterations in the structure which do not effect load bearing walls, columns or girders, and other improvements related to making the existing structure and its use compatible in accordance with the neighborhood compatibility requirements as provided in Sec. 47-25.3. The requirements may also include restrictions on operation of the use. A proposed reuse of a nonconforming structure shall be reviewed in accordance with the procedures for site plan level I review as provided in Sec. 47-24.2. If any adverse impacts due to the nonconformity of the height or yard can be mitigated by such conditions without moving or altering load bearing walls, columns or girders, then the reuse will be permitted. If a determination is made that the adverse impacts due to height or yard cannot be mitigated, the reuse will not be permitted.

4.

Effective date of approval. The approval of a reuse of a nonconforming structure application by the department shall not take effect nor shall a building permit be issued any sooner than thirty (30) days after approval and then only if no motion is adopted by the city commission seeking to review the application or no appeal is filed by the applicant as provided in Section 47-26B, Appeals.

5.

Appeal. An applicant may appeal a denial of a reuse of a nonconforming structure application to the planning and zoning board in accordance with Section 47-26B, Appeals.

(Ord. No. C-97-19, § 1(47-3.8), 6-18-97)