A. General Provisions:
1. Conversion: Except as otherwise restricted, prohibited or allowed in this article, a use or structure located on a lot that contains nonconforming development may be converted to a different use or altered, provided such change in use or alteration does not increase or extend the nonconformity and provided the applicable compliance standards listed in this section are met. (Ord. 12-4472, 4-3-2012)
2. Alterations: When structural alterations are made to a building or buildings on a property that contains nonconforming development, and said structural alterations result in an increase in the occupancy load of a building or increase the number of bedrooms, number of dwelling units, or otherwise increase the allowable residential occupancy of a building, the site must be brought into conformance with the development standards listed in subsection A2b of this section, up to the cap stated in subsection A2c of this section. Certain structural alterations are exempt from the requirements of this paragraph as listed in subsection A2a of this section.
a. Exemptions: Improvements for fire, life safety and accessibility shall not trigger a requirement to bring nonconforming development into compliance.
b. Standards That Must Be Met: Development not in compliance with the development standards listed below must be brought into conformance or be granted a minor modification. Requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or reuse the property due to topography, location of existing buildings, or other site constraints, may be modified or waived by minor modification. The city, at its discretion, may also waive or modify by minor modification any standards that cannot be met due to a conflict with any other requirement of this title.
(1) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas along street side lot lines according to the applicable screening standard. Setback requirements may be modified to address site constraints;
(2) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas from the Iowa River or from any parks and open space use, including trails, according to the applicable screening standard. Setback requirements may be modified to address site constraints;
(3) Outdoor lighting standards;
(4) Bicycle parking requirements;
(5) Street and residential tree requirements;
(6) Design, layout, landscaping, and tree requirements within parking areas;
(7) Pedestrian circulation standards;
(8) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas along side or rear lot lines. Setback requirements may be modified to address site constraints;
(9) Access management standards.
c. Cap On The Cost Of Compliance: The standards listed in subsection A2b of this section must be met for the entire site. However, where the cost of compliance with the standards enumerated in subsection A2b of this section exceeds ten percent (10%) of the value of the applicable structural alterations, the site shall be brought into compliance with all site development standards up to this ten percent (10%) cap. The value of the alterations is based on the entire project, not individual building permits. It is the responsibility of the applicant to document that the cost of the required site development improvements will be greater than ten percent (10%) of the value of the proposed structural alterations to the building or buildings on the site. If not all site improvements are being made, due to the cost exceeding the cap, the extent and location of the site improvements below the cap will be determined by the city and shall generally follow the order of priority listed in subsection A2b of this section. However, at the discretion of the city, the order of priorities may be adjusted in response to specific site characteristics and traffic safety concerns in order to maximize the benefits of site improvements for site users, adjacent properties, and the public.
3. Damaged, Demolished Or Destroyed Site:
a. Restoration of a structure, which has been damaged by fire, explosion, act of God or by a public enemy shall not trigger a requirement to bring nonconforming development into compliance.
b. When a use is proposed for a property where the principal building(s) have been demolished or destroyed, but that contains nonconforming development, such as parking lot paving, exterior lighting, signage, etc., the property must be brought into compliance with all applicable site development standards as set forth in the base zone and in chapter 5 of this title. (Ord. 13-4519, 4-9-2013)
4. New Site Development On Sites With Nonconforming Site Development: Any new site elements being constructed or established on the site, such as new exterior lighting, new parking areas, new outdoor storage or display areas, new signage, etc., must comply with current applicable standards.
5. Reconstruction Or Reestablishment Of Site Development: Any nonconforming site elements that are being reconstructed or reestablished must be brought into compliance with the current applicable standards. However, requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or reuse the property due to topography, location of existing buildings, or other site constraints may be modified or waived by minor modification. The city may also waive or modify by minor modification any standard that cannot be met due to a conflict with any other requirement of this title.
B. Nonconformities With Regard To The Number Of Parking And Loading Spaces:
1. If a nonresidential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is modified, expanded or enlarged such that there is an increase in the number of required spaces over the existing situation, only the number of spaces relating to the modification, expansion or enlargement need to be provided. These spaces are in addition to any spaces already in existence on the site.
2. If a residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is changed in any way such that there is an increase in the number of required spaces over the existing situation, the property must be brought into full compliance with the number of spaces required.
3. A use that is nonconforming with regard to the required number of parking, stacking, or loading spaces may be converted to a use in another use category or subgroup without full compliance with the number of parking, stacking, or loading spaces, according to the following rules:
a. If the number of required spaces for the converted use is more than what was required for the established use, only the number of spaces beyond what was required for the established use need to be provided. These spaces are in addition to any spaces already in existence on the site.
b. In addition to any additional spaces required in subsection B3a of this section, as many spaces as the lot will accommodate must be provided, up to the number needed to fully comply with the standard.
C. Nonconforming Signs: It is the intent of these provisions that nonconforming signs be eliminated over time as set forth below:
1. All lawfully established signs that become nonconforming due to a change in zoning or a change in the development regulations are permitted to remain as nonconforming signs.
2. The owner of a nonconforming sign is required to maintain the sign in such a manner as to avoid it becoming a hazardous sign.
3. Other than for routine maintenance, if a nonconforming sign is changed or altered in any way it must be brought into compliance with the provisions of chapter 5, article B, "Sign Regulations", of this title with the following exceptions:
a. Nonconforming signs that are deemed historic, signs for a historic structure and signs on structures in a historic preservation overlay zone may qualify for a special exception as described in subsection C4 of this section.
b. On signs located within one thousand feet (1,000') of an interstate highway that are legally nonconforming with regard to sign area or height limitations, the existing sign face may be changed or replaced, provided the sign meets all of the following criteria:
(1) The sign is located on property that is zoned commercial;
(2) The sign is not a "hazardous sign", as defined in this title; and
(3) If the sign is located in an area subject to regulation due to its proximity to the Iowa City Municipal Airport, a determination of "no hazard to air navigation" has been received from the FAA.
4. The board of adjustment may grant a special exception to allow changes to a nonconforming sign, provided the following conditions are met:
a. The sign must be located on a property designated as a historic landmark, a property registered on the national register of historic places, or on a property listed as a key or contributing property in a historic preservation or historic conservation overlay zone.
b. The sign must fall into one of the following categories:
(1) The sign is in keeping with the architectural character of a historic structure and is appropriate to a particular period in the structure's history; or
(2) The sign is an integral part of a property's historic identity; or
(3) The sign makes a significant artistic or historic contribution to the community or neighborhood in which the sign is located.
c. At the time of application for the special exception, changes to the subject sign must be approved by the Historic Preservation Commission through a certificate of appropriateness. If the Board of Adjustment grants a special exception for the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certificate of appropriateness from the Historic Preservation Commission.
d. If the sign is not maintained according to the provisions of chapter 5, article B, "Sign Regulations", of this title and becomes hazardous, the City may request that the Board of Adjustment revoke the special exception.
5. The Board of Adjustment may grant a special exception to allow repair or reconstruction of a nonconforming sign that has been damaged or destroyed by fire, explosion, act of God or by a public enemy if the following approval criteria are met:
a. In order to qualify for this exception, the sign must fall into at least one of the following categories:
(1) The subject sign is an integral part of the historic identity of a property or use designated as a historic landmark, a property registered on the National Register of Historic Places, or of a property listed as a key or contributing property in a Historic District or Conservation District Overlay Zone; or
(2) The sign is an integral part of a property's historic identity such that it is generally recognized and associated with a longstanding business or institution and makes a significant artistic, cultural, or nostalgic contribution to the community or neighborhood.
b. The sign must be reconstructed as nearly as possible to its historic design or to the design that is generally recognized and associated with the longstanding business or institution such that it continues to make a significant artistic, cultural or nostalgic contribution to the community or neighborhood.
c. The sign must be reconstructed such that it is not a hazardous sign. The sign must be located in a manner that complies with chapter 5, article D, "Intersection Visibility Standards", of this title. The board may require changes to the sign, to its structure or mounting, or its location in order to improve public safety. If the sign is not maintained according to the provision of chapter 5, article B, "Sign Regulations", of this title and becomes hazardous, the City may request that the Board of Adjustment revoke the special exception.
d. If the sign is located on a property designated as a historic landmark, a property registered on the National Register of Historic Places, or a property listed as a key or contributing property in a Historic District or Conservation District Overlay Zone, the subject sign must be approved by the Historic Preservation Commission and issued a certificate of appropriateness. If the Board of Adjustment grants a special exception for the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certificate of appropriateness from the Historic Preservation Commission.
D. Nonconforming Outdoor Lighting:
1. Any existing light fixture that is nonconforming with regard to how the fixture is aimed must be brought immediately into compliance if it is possible to re-aim the existing fixture.
2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply with any applicable requirement that it be fully shielded. (Ord. 12-4472, 4-3-2012)