udo amendment nonconforming uses

Agenda Item #12UDO Amendment Section 9.2 “Nonconforming Uses”,

Section 9.3 “Nonconforming Structures”, &

Section 7.10.C.4 “Building Materials”

Background On Item

• Item from the 2017 Planning & Zoning Commission’s Plan of Work to Review UDO requirements that add minimal value as identified by staff and consider opportunities to reduce regulations and streamline processes.

• June 1st: Staff identified non-conformities as an opportunity to reduce regulations and streamline processes.

• August 30th: Public meeting held with development community and neighborhood groups to receive feedback on staff proposals.

• September 21st , November 16th, December 21st: P&Z Commission endorsed staff recommendations regarding adjustments to non-conformities.

• A non-conformity is an existing use, structure (building, parking

areas, etc.), property (lots or tracts), or sign that developed

under a previous set of regulations but now no longer complies

with the City’s current Unified Development Ordinance.

• Traditionally, nonconformities have been allowed to remain but

little substantial modifications can be made without full code

compliance. This approach enables a faster implementation of

adopted plans and policies but can hinder infill and

redevelopment efforts.

What is a Non-Conformity?

To allow a wider range of modifications without requiring full

code compliance in order to:

1) Better encourage infill and redevelopment, especially on

challenging sites.

2) Streamline processes for potential applicants.

3) Save staff and boards and commission time in processing

additional applications.

Objective of Ordinance Amendment

1) Non-Conforming Uses

– Increase allowed expansion to 50%.

– Neighborhood Conservation areas can expand up to 25% with ZBA approval.

2) Non-Conforming Structures

– Administrator can provide relief to parking, landscaping, and buffer width

requirements for non-residential properties without first requiring a

rezoning to the Redevelopment Overlay

3) Non-Conforming, Non-Residential Architectural Building Materials

– Increase allowed amount of changes from 10% to 50%

Proposed Changes

Questions?

Section 9.2: Non-Conforming Uses

Sec. 12-7.3. - Off-Street Parking Standards.

Current Requirements for Non-Conforming Uses:

• Citywide (with one exception): Can expand up

to 25% with approval of the Zoning Board of

Adjustments.

• Exception in the Wellborn Area: Can

expand up to 25% by right.

Proposed Requirements for Non-Conforming Uses:

• Citywide (with one exception): Can expand up

to 50% by right.

• Exception in Areas Designated Neighborhood

Conservation on the Comprehensive Plan’

Future Land Use and Character Map: Can

expand up to 25% with approval of the

Zoning Board of Adjustments.

Section 9.3: Non-Conforming Structures


Current Requirements for Non-Conforming Uses:

• Enlargements or Alternations of Non-Conforming Structures must comply

fully with the UDO

• City has a Redevelopment Overlay zoning option to provide additional UDO

relief for landscaping and parking requirements to assist providing relief

for parking and landscaping for the redevelopment of commercial

properties over 20 years old.

Proposed Requirements for Non-Conforming Uses:

• Enlargements or Alternations of Non-Conforming Structures must comply

fully with the UDO

• Provide the Administrator with the flexibility/discretion to provide relief to

parking, landscaping, and buffer width requirements for non-residential

properties without first requiring a rezoning to the Redevelopment Overlay.

Ordinance Amendment to Section 9.3: Provide an administrative approval

process that allows flexibility to requirements for parking, plantings, and

buffers for non-residential sites with physical limitations for uses.


• Parking Requirements: Administrator may grant exceptions for non-

residential properties where there are physical hardships but may not reduce

more than 50% of required parking spaces.

• Landscaping Requirements: Administrator may grant exceptions for non-

residential properties where there are physical hardships but may not reduce

more than 50% of landscaping points.

• Buffer Requirements: Administrator may reduce buffer widths and plantings

for non-residential properties where there are existing structures in buffer or

physical limitations as long as such reductions do not increase the existing

degree of non-conformity.

Questions?


Section 7.10.C.4: Non-Conforming, Non-Residential Building Materials


Current Requirement for Non-Residential Buildings:

If building materials change for greater than 10% of a building façade,

full compliance of all building materials on that façade will be

required.

Proposed Requirement for Non-Residential Buildings:

If building materials change for greater than 50% of a building façade,

full compliance of all building materials on that façade will be

required.

udo amendment nonconforming uses

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