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Article 10 — Nonconforming Lots, Buildings and Uses, Chapter 10-4 — CORRECTION OF NONCONFORMING SITUATIONS

current as of 2025-12-16verified current · checked 2026-08-24Officialofficial source ↗5 sections · full chapter

§ 10-4-1

Definitions

Nonconforming situation: Any development, land improvement, or activity, not otherwise included within the definition of nonconforming lot, nonconforming building or structure, nonconforming use, or nonconforming sign, which does not meet the provisions of this Unified Land Development Code at the time of its adoption or amendment. Examples of nonconforming situations include but are not limited to, noncompliance with off-street parking regulations, access requirements, failure to adhere to landscape strip requirements, tree protection, and landscaping requirements.

§ 10-4-2

Intent

(a)It is the intent of this Chapter to require the complete correction of nonconforming situations at the time of any building addition or significant modification of a use or development on a given parcel of land, if such nonconforming situation can physically be made to comply with the requirements of this Unified Land Development Code.

(b)It is the intent of this Chapter to require the reduction in the extent of nonconforming situations at the time of any building addition or significant modification of a use or development on a given parcel of land, if such nonconforming situation cannot be physically be made to comply entirely with the requirements of this Unified Land Development Code.

(c)It is the intent of this Chapter to provide authority to the Director of Community and Economic Development to administer the provisions of this Chapter in a manner that meets these intentions stated in this Section, and that the Director exercise that authority, subject to more specific guidance as provided in this Chapter.

§ 10-4-3

Determination of Nonconforming Situations

(a)For any proposed building or development, or modification of a building or development, it shall be the duty of the Director to identify the extent to which the improvements on land on which the building or development is proposed constitutes a nonconforming situation, as defined in this Chapter. The Director shall conduct a review and identify such nonconforming situation(s), at the time plans for such proposed building or development are submitted for review, and at any earlier opportunity, if presented.

(b)In the event that one or more nonconforming situations are found to exist by the Director, they shall be documented and notice of the need to correct or reduce said nonconforming situations shall be provided by the Director to the building or development applicant.

§ 10-4-4

Standards of Review for Compliance

In determining the need to completely correct or reduce the noncompliance of nonconforming situations, the Director shall be guided by the following standards:

(a)Strict compliance. A standard of “strict compliance” (complete correction of all nonconforming situations) shall be applied by the Director where physical standards can clearly be made in the subject development proposal.

(b)Reasonable progress toward compliance. In lieu of strict compliance, a standard of “reasonable progress toward compliance” may be applied by the Director in cases where complete correction or compliance with the nonconforming situation cannot be achieved due to physical limitations with the property or building. In applying a standard of reasonable progress toward compliance, the Director shall have authority to approve the building, development, or improvement even though it does not meet a standard of strict compliance, if the relief granted is the minimum necessary to effectuate the building, development, or improvement.

(c)Proportionality. Whenever something less than strict compliance is authorized by the Director, the Director in determining the amount or extent of compliance required, shall apply a standard of “proportionality,” meaning that the scope, scale, extent and cost of requirements to correct nonconforming situations are more or less the same as the scope, scale, extent and cost of the improvement or development proposed.

§ 10-4-5

Appeal

Any decision of the Director of Community and Economic Development in administering and interpreting the provisions of this Chapter may be appealed by the applicant to the Planning and Appeals Board, within a period of 15 days following such decision, in accordance with the provisions of Chapter 18-7 of this Unified Land Development Code.