Page 75 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-7. NONcONFOrMitieS

Nonconforming Lots

134-7.2 Nonconforming lots 2 A nonconforming use located in a district other
than an N district, may also be changed to another
7.2.1 DeScriPtiON nonconforming use if approved in accordance with
A nonconforming lot is a lawfully created lot, shown on the type zoning exception procedures of section
a plat recorded in the office of the county recorder, that 134-6.5. In order to approve an administrative
does not comply with applicable lot area, lot width, or exception for a nonconforming use substitution,
street frontage requirements of the subject district. the community development director must
determine that the proposed use substitution will
7.2.2 lOtS iN AGricUltUrAl Or not result in any increase in adverse impacts on the
NeiGHBOrHOOD DiStrictS surrounding area when compared to the previous
In A and N districts, a single detached house containing nonconforming use of the property. In making
no more than one dwelling unit may be erected such a determination, the community development
on a nonconforming lot without complying with director must consider all of the following factors, as
the applicable lot area, lot width, or street frontage applicable:
requirements of the subject district. All other lot and
building regulations apply. 1. Traffic to and from the site;
2. The amount of parking required;
7.2.3 lOtS iN OtHer DiStrictS
In districts other than A or N districts, a nonconforming 3. Hours of operation,
lot may be used as a building site and developed 4. Outdoor display, storage and work activities; and
with a use allowed in the subject district. If the zoning 5. Other factors likely to have an effect on the
district allows a variety of uses or a variety of intensities surrounding area. 3
of uses and one or more uses or intensities would
comply with applicable lot area, lot width, or street 7.3.3 eXPANSiON
frontage requirements, while others would not, then Unless otherwise expressly stated, nonconforming uses
only the uses or intensities that comply with applicable may not be expanded or extended to occupy a greater
regulations are permitted. All other lot and building area than was occupied at the time the use became
regulations apply. nonconforming unless the expansion reduces or
eliminates the nonconformity. A nonconforming use of
134-7.3 Nonconforming Uses a portion of a building may be expanded or extended
into the remaining portions of the building if the
7.3.1 DeScriPtiON development administrator determines that the area
A nonconforming use is a use that was lawfully of the building in which the expansion is proposed was
established in accordance with all zoning regulations manifestly arranged and designed for the use.
in effect at the time of its establishment but that is no
longer allowed by the use regulations of the district in 7.3.4 MOVeMeNt
which the use is located. Lawfully established uses that A nonconforming use may be moved in whole or in part
do not comply with separation distance requirements to another location only if the movement or relocation
(i.e., those requiring that uses be separated from the eliminates the nonconformity.
same use or protected uses by a specified minimum
distance) are also deemed to be nonconforming uses. 7.3.5 DAMAGe Or DeStrUctiON
If a structure containing a nonconforming use is
7.3.2 cHANGe OF USe damaged or destroyed to the extent of 50% or more of
A. A nonconforming use in an N district may be its replacement cost at time of damage or destruction,
changed only to a use that is allowed in the subject exclusive of the foundation, the nonconforming use
district. Once changed to a conforming use, a may not be re-established. If the structure is damaged
nonconforming use may not be re-established. or destroyed to the extent of less than 50% of its
replacement cost at time of damage or destruction,
A nonconforming use located in a district other exclusive of the foundation, the nonconforming use
than an N district, may be changed to a use that may be re-established to the extent it existed before
is allowed in the subject district, in which case the the damage, provided that a permit application to allow
nonconforming use may not be re-established.
2 This is an entirely new section. The existing zoning ordi- 3 The existing ordinance allows change “to another noncon-
nance does not appear to expressly address nonconform- forming use of a similar nature.” This proposed change
ing lots. will require review of such use substitution requests.

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-7-3