Page 74 - Des Moines - Zoning, Planning and Design Ch 134, 135

134-7. NONcONFOrMitieS DRAFT

General

134-7.1 General 1 by the subject owner are reliable and adequate
to document nonconforming status. Common
7.1.1 iNteNt examples of evidence that may be determined to be
Nonconformities are created when the zoning reliable and adequate include:
regulations that apply to a particular property are 1. Professional registrations or business licenses;
changed to no longer allow uses, structures or 2. Utility billing records;
other development features that have already been
lawfully established. The nonconformity regulations 3. Rent records;
of this article are intended to explain the effect of 4. Advertisements in dated publications;
this nonconforming status and help differentiate
nonconformities, which have legal status under this 5. Listings in telephone or business directories; and
zoning ordinance, from zoning violations, which are 6. Notarized affidavits affirming the date of lawful
illegal and subject to penalties and enforcement action. establishment of the use or structure.
The regulations of this article are also intended to: D. The development administrator’s determination
A. Recognize the interests of landowners in continuing of nonconforming status may be appealed in
to use their property for uses that were lawfully accordance with section 134-6.9.
established;
B. Promote maintenance, reuse and rehabilitation of 7.1.4 rePAirS AND MAiNteNANce
existing buildings; and A. Repairs and normal maintenance necessary to keep
c. Place reasonable limits on nonconformities that a nonconformity in sound condition are permitted
unless the work increases the extent of the
have the potential to adversely affect surrounding nonconformity or is otherwise expressly prohibited
properties. by this zoning ordinance.
7.1.2 AUtHOritY tO cONtiNUe B. If a nonconforming structure or a structure

Any nonconformity that existed on the effective date occupied by a nonconforming use becomes unsafe
specified in section 134-1.3 or any lot, structure use or or dangerous, or when a structure is found unfit
situation that becomes nonconforming upon adoption for human occupancy or otherwise deemed to be
of any amendment to this zoning ordinance or any a public nuisance, it may not thereafter be used,
amendment of the zoning map after the effective date restored, or repaired, or rebuilt except in conformity
specified in section 134-1.3 may be continued, subject with the provisions of the district in which it is
to the regulations of this article. located.
c. Nothing in this article is intended to prevent
7.1.3 DeterMiNAtiON OF NONcONFOrMiNG nonconformities from being structurally
StAtUS strengthened or restored to a safe condition in
A. The burden of proving that a nonconformity exists accordance with an order from a duly authorized
(as opposed to a zoning ordinance violation) rests public official.
entirely with the subject property owner. 7.1.5 cHANGe OF teNANcY Or OWNerSHiP
B. The development administrator is authorized
to determine whether reliable evidence of Nonconforming status runs with the land and is
nonconforming status has been provided by the not affected by changes of tenancy, ownership or
subject property owner. management.
c. Building permits, lawfully recorded plats, lawfully
recorded instruments of conveyance, aerial
photography owned by a governmental agency and
other official government records that indicate lawful
establishment of the use, lot or structure constitute
conclusive evidence of nonconforming status. If
such forms of conclusive evidence are not available,
the development administrator is authorized to
consider whether other forms of evidence provided

1 This section is mostly new..

134-7-2 DRAFT AUGUST 3, 2017