No other portion of this Code, and no other ordinance, regulation, or redevelopment agreement, is intended to be repealed or abrogated by this chapter.
(a) More Restrictive Requirement Applies. If any other part of this or any other City ordinance, or any other law, regulation, Community Development Plan approved pursuant to Section 317.02, redevelopment agreement, or any kind of private agreement, covenant, or easement applying within the City, establishes a requirement different from that established in this chapter, the provision that is the more restrictive or that imposes the higher standard shall govern.
(b) Nonconformities.
(1) Nonconformities May Continue. A use lawfully existing immediately before the effective date of this chapter or any amendment thereto that does not conform to all applicable requirements hereof, may continue without such conformance without time limit except as provided herein.
(2) When Board Determination Required. Notwithstanding the provisions of Chapter 359, on or after such effective date a determination by the Board of Zoning Appeals as provided herein shall be required prior to the issuance of a Building Permit or Certificate of Occupancy for any such use, or any alteration thereof, for either of the following:
A. Change of Use. Any change from one use to another, as determined by the Commissioner of Building and Housing, whether or not a period of vacancy has intervened.
Such determination shall be guided by factors such as whether uses are named separately in the Use District regulations of Chapter 335 and 345, whether uses are subject to different requirements for parking under the Off-Street Parking and Loading chapter thereof, or other reasonable factors judged appropriate by the Commissioner.
1. Fifteen percent (15%) of the land area or floor area the use occupies; and
2. One thousand (1,000) square feet of such area.
(3) Criteria for Determination. The Board shall determine whether and to what degree the use shall comply with the requirements of this chapter as a condition of such Permit or Certificate.
The Board shall require full or partial compliance therewith if such compliance would not require:
A. Acquisition of additional land; or
B. Full or partial removal or relocation of a sound major structure or structures; or
C. Creation of other circumstances that would produce undue hardship or practical difficulties.
Issuance of a Certificate of Occupancy for construction pursuant to an unexpired Building Permit issued before the effective date of this chapter shall not require action by the Board.
(4) Nonconforming Refuse Disposal Areas. Notwithstanding other provisions of this section, an accessory refuse disposal area which is a legal nonconforming use with respect to the screening requirements of this chapter shall be screened to meet all such requirements prior to issuance of a Certificate of Occupancy for any exterior construction of alterations to structures or pavement area on the subject property.
(c) Approval by the Director of the City Planning Commission. Where approval is required by the Director of the City Planning Commission, the Director may refer such decision for action by the City Planning Commission, if, in the opinion of the Director, the circumstances of a particular application do not provide sufficient guidance for an administrative decision.
(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)