Agenda - Planning Commission - 01/07/2010

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not reoccupied until the nonconformity is elimi- nated and the entire site is brought into compli- ance with the standards. Again, typical regula- tions allow six months or one year of vacancy before requiring that the building or other development features are brought up to current standards. Similar to the cessation of use situ- ation, many local governments are extending the time limit if properties are actively offered for sale or rent. o Requiring that buildings and other de- velopment features that are destroyed are reconstructed only in compliance with current standards. Most local governments allow re- construction to the current conditions if there is a determination that the loss of the building is not due to an act of nature and that the loss is less than 50 percent ofthe value of the building. Therefore, a partially destroyed building can be rebuilt in its same nonconforming situation. o Amortizing the nonconformity. In some in- stances, a local government establishes a time frame within which the nonconformity must cease. The basis for doing so is to allow the property owner an opportunity to recover his A local government may wish to avoid the creation of nonconformities through greater attention to creating mixed use districts or the use of flexible design standards and overlay districts. unsafe by the local government, with the result that elimination or reduction Dfthe noncon- formity is not the goal. Further, as planning practice moves away from the rigid separation of uses for the sake of strict uniformity within' a district, we recognize that variation is not only acceptable but also is often desirable. Com- patible developmenfejoes not de'11and same- ness. Rather, the public seeks and planners provide mixed use options in modern zoning codes. Increasingly, we see the need to focus on impact, character, compatibility, and urban form-which means that a nonconformity may not be unwelcome in a neighborhood. A local government may wish to avoid the creation of non conformities through greater attention to creating mixed use districts or the dards are intended to reflect urban form rather than prescriptive and uniform dimensions. This contemporary approach avoids nonconforming uses and provides diversity and variationin design rather than the sameness planners and the public seek to avoid. Another approach that we often use is to create an overlay for a specific neighborhood. A typical example is an older subdivision, established when lots and yards were smaller. The current residential zoning district requires a larger lot area, greater lot width, and larger setbacks; all the older houses and lots become nonconforming. Under typical nonconforming standards, additions to the houses are not allowed because the purpose of the noncon- forming provisions is to eliminate, hot continue economic 'investment before being required to cease the nonconformity. This approach has been used for many different types of uses, such as gas stations in residentially zoned areas, adult entertainment facilities, junk yards, concrete plants, commercial uses, and billboards. The length of the amortization pe- riod is based frequently upon the economic life of the nonconformity. REGULATING BENIGN NONCONFORMITIES The distinguishing characte:ristic ofthe benign nonconformity is that the'type and degree of nonconformity are not considered harmful or use of flexible design standards and overlay, districts. A neighborhood or other identifiable geographic unit may contain uses that would be nonconforming in a traditional zoning dis- trict, which seeks uniform uses. However, when nonconforming uses are desirable, the govern- ment should consider a mixea use district. This avoids the creation of nonconforming uses and may also achieve a vibrant, diverse n'eighbot- hood that benefits the community. Planning practices include many ex- amples of flexible design standards,such as context-sensitive standards, performance stan- dards, or compatibility standards. Such stan- and expand, the nonconforming situation. Flexible standards may not be a good fit in this situation. However, the creation of the "old neighborhood overlay," with standards that recognize the existing situation, keeps a stable neighborhood in conformance and allows prop- erty improvements with no special procedures or requirements other than compliance with the overlay standards. Some practitioners have argued that flex- ibility is the necessary ingredient in regulating non conformities. However, we believe that a local government does not need to examine nonconformity on a case-by-case basis. Instead, ZONING PRACTICE 11.09 AMERICAN PLANNING ASSOCIATION Ipage 5 57