§ 40-578. Correction of nonconforming situations.

(a)

Intent. It is the intent of this section 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 chapter. It is the intent of this section 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 chapter. It is the intent of this section to provide authority to the Zoning Administrator to administer the provisions of this section in a manner that meets these intentions, and that the Zoning Administrator shall exercise that authority, subject to more specific guidance as provided in this section.

(b)

Determination of nonconforming situations. For any proposed building or development, or modification of a building or development, it shall be the duty of the Zoning Administrator 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 section 40-3. The Zoning Administrator shall conduct a review and identify such nonconforming situations at the time plans for such proposed building or development are submitted for review, and at any earlier opportunity, if presented. In the event that one or more nonconforming situations are found to exist by the Zoning Administrator, they shall be documented and notice of the need to correct or reduce the nonconforming situations shall be provided by the Zoning Administrator to the building or development applicant.

(c)

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

(1)

Strict compliance. A standard of strict compliance (complete correction of all nonconforming situations) shall be applied by the Zoning Administrator where physical standards can clearly be made in the subject development proposal without significant alteration of the development as proposed.

(2)

Reasonable progress toward compliance. In lieu of strict compliance, a standard of reasonable progress toward compliance shall be applied by the Zoning Administrator in cases where complete correction or compliance with the nonconforming situation would require undue hardship, practical difficulty, or might unreasonably reduce the size, scale, or other significant aspect of the development proposal to a point where strict compliance would jeopardize the building or development proposal. In applying a standard of reasonable progress toward compliance, the Zoning Administrator 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.

(3)

Proportionality. Whenever something less than strict compliance is authorized by the Zoning Administrator, in determining the amount or extent of compliance required, he 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.

(4)

Development permit required. Where building size, setbacks, or other regulated conditions are to be modified in the correction of a nonconforming situation, a development permit approval by the Planning Commission, according to the provisions of this chapter, shall be required.

(Code 1997, § 40-806; Ord. of 2-6-2012, § 1(40-806))