Page 76 - Des Moines - Zoning, Planning and Design Ch 134, 135
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134-7. NONcONFOrMitieS DRAFT
Nonconforming Buildings
the re-establishment is filed within 6 months of the parking area, parking lot, off-street parking or
damage. loading area, or access drive, constitute enlargement
of a nonconforming use whether or not such
7.3.6 lOSS OF NONcONFOrMiNG StAtUS surfaced or maintained area occupies a greater area
A. If a nonconforming use is changed to a conforming of land than was occupied as of February 1, 2015.
use, no matter how short the period of time, c. If a nonconforming use of open land ceases for
the nonconforming use is deemed abandoned, any reason for a period of more than 6 months,
all nonconforming use rights are lost and all nonconforming use rights are lost and
re-establishment of the nonconforming use is re-establishment of the nonconforming use is
prohibited. prohibited.
B. If a nonconforming use of a structure is abandoned,
the use may not be re-established. A nonconforming 7.3.8 liQUOr, WiNe Or Beer SAleS
use is deemed to have been abandoned if during Structures that are nonconforming with respect to
the time that the use is not in place the subject the regulations that apply to controlled uses (see 134-
property owner makes any change to the property 3.8.2) may not be modified in any way that would alter
inconsistent with the resumption of the use. the occupant-capacity of the business premises, and
Examples of changes that are inconsistent with the if damaged or destroyed by any means to the extent
resumption of a use expressly include: combining of 50% or more of its value at the time of damage or
2 or more dwelling units under one water, gas or destruction, exclusive of land, may not be reconstructed
electric meter or creating an opening between 2 for use by a business holding a liquor license or beer or
dwelling units. wine permit, except in compliance with the controlled
use regulations of 134-3.8.2.
c. If a nonconforming use in an N district is
discontinued for more than one year for any reason 7.3.9 USeS iN FlOODPlAiN AND FlOODWAY
whatsoever, the nonconforming use is deemed Existing structures in F districts that are occupied in
abandoned and may not be re-established. If a whole or in part by a nonconforming use, may not
nonconforming use in any district other than an N be enlarged, extended, reconstructed or structurally
district is discontinued for more than 6 months for altered, unless the use is changed to a use permitted
any reason whatsoever, the nonconforming use is in the F district. Such structures may not be moved or
deemed abandoned and may not be re-established. relocated unless the movement or relocation eliminates
the nonconformity.
7.3.7 USe OF OPeN lAND
A. Nonconforming uses of open land are land 134-7.4 Nonconforming Buildings
uses and activities that meet the definition of a
nonconforming use but that include structures that 7.4.1 DeScriPtiON
are merely accessory or incidental to the principal A nonconforming building is a building that was
use and in the aggregate do not cover more than lawfully established but that no longer complies with
10% of the lot. Common examples include storage the applicable building type or design regulations of
yards, construction debris sites, vehicle sales lots, Chapter 135 because of the adoption or amendment
vehicle impound yards, auto wrecking, junkyards, of zoning, building type or design regulations after the
and similar open-air uses. Nonconforming uses structure was established.
of open land are subject to the nonconforming
use regulations of this section 134-7.3, except 7.4.2 iNteNt
as modified by the specific regulations of this Adoption of the building type and design regulations of
subsection 134-7.3.7. Chapter 135 will result render some buildings that were
B. A nonconforming use of open land may not be lawfully established being rendered nonconforming.
The nonconforming building regulations of this section
enlarged, increased or extended to occupy a greater are intended to allow these buildings to be changed
area of land than was occupied at the time the and upgraded without requiring their elimination if the
use became nonconforming. For purposes of this change would not substantially adversely affect the
section, the addition of gravel or similar material on surrounding area and would not increase the degree of
or after February 1, 2015, in an amount deemed nonconformity.
substantial by the zoning enforcement officer, for
purposes of surfacing or maintaining an unpaved
134-7-4 DRAFT AUGUST 3, 2017
