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
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
Sec. 12-7.3. - Off-Street Parking Standards.
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.
Sec. 12-7.3. - Off-Street Parking Standards.
• 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.
Section 7.10.C.4: Non-Conforming, Non-Residential Building Materials
Sec. 12-7.3. - Off-Street Parking Standards.
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.
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