Downtown District Zone Permitted Use Table And Nonconforming Uses

At their October 15 Meeting, P&Z Recommended prohibiting these NAICS uses within Downtown District zoning district: 447 Gasoline Stations (currently Permitted) 493 Warehousing and Storage (currently SUP) 532 Rental and Leasing Services (currently Permitted) 8111 Auto Repair & Maintenance (currently SUP)

At the City Council workshop on November 2: Further research was requested related to the protection of any existing uses that would be made nonconforming as a result of this P&Z recommended action.

Types of Nonconformity Nonconforming Use : Any use of land or buildings that does not conform to the current use regulations (Permitted Use Table) in the Zoning Ordinance Nonconforming Structure: Any structure that does not conform to zoning ordinance provisions regulating structures: Lot coverage area Minimum lot dimensions Front yard, side yard, or rear yard setbacks Parking, landscaping, buffer yards, screening Architectural design, exterior construction materials or other structural regulations of the district in which it is located Nonconforming Lot: Any lot that fails to meet the requirements for area, width, or depth of the associated zoning category

What will happen to existing nonconforming (grandfathered) uses? A nonconforming use or a lawful use that has become nonconforming by the future adoption or amendment of a zoning ordinance, or a nonconforming use that exists by virtue of annexation into the City, shall be permitted to exist, subject to the following: Cannot be enlarged Once abandoned, cannot be reinstated Once Changed, cannot be reinstated Allowed to continue if annexed

What will happen to existing nonconforming (grandfathered) structures? A nonconforming structure may continue to exist unless it is: Abandoned for 12 months or more Destroyed/damaged more than 50% Relocated into another zoning district Repairs/maintenance of more than 50% of the current replacement cost over a period of 36 months (cubic content cannot be increased)

Example 1 An existing gas station use is currently operated in Downtown District (DD) zoning district. A portion (less than 50% of the value of the current replacement cost) of the structure is destroyed by fire or hurricane Use is allowed to remain. Structure may be repaired to its nonconforming state within 12 months. If longer than 12 months, structure must be replaced/restored to current regulations. (The Commission may grant extension)

Example 2 An existing gas station use is currently operated in Downtown District (DD) zoning district. The entire structure (more than 50% of the value of the current replacement cost) is destroyed by a fire or hurricane. Use is allowed to remain. New structure must be built to current regulations, (i.e. landscaping, parking, setbacks and in the Downtown District, brick paved sidewalks, benches and lights).

Example 3 An existing gas station use is currently operated in Downtown District (DD) zoning district. The gas station is closed and sits unoccupied for 14 months. The use would no longer be allowed, unless… Owner petitions P&Z for an extension of the time period.

Example 4 An existing gas station use is currently operated in Downtown District (DD) zoning district. A gas station use is changed to a restaurant use. The restaurant use is a permitted use. The gas station use could not be reinstated.

Example 5 An existing gas station use is currently operated in Downtown District (DD) zoning district. The owner of a gas station requests to add 1,000 square feet to his building and add 4 gas pump islands. The expansion would not be allowed.