Loading...
HomeMy WebLinkAbout1975-11-11 OrdinanceORDINANCE NO: - AN ORDINANCE AMENDING CHAPTER 8.10 OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY,-IOWA BY ESTABLISHING PROVISIONS FOR D BY REPEALING SECTIONS 8.10.3.56, NON-CONFORMING USES AN 8.10:5C, 8.10.5D, 8.10:21B AND 8.10.24C OF SAID CHAPTER. BE IT ENACTED BY THE CITY COUNCIL Or THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the Municipal Code to establish provisions for non-conforming uses. SIiCTION 11. AMENDMENT. The Municipal Code of Iowa City, Iowa; is hereby amended by the following: 1. (8.10.3) Definitions. 20a. CONVERSION: -Any changeina principal use to another principal use. 56. NON-CONFORMING USE. Any use that-is not Permitted within the - zone in which _it..is.located by.,reason -of-the adoption of this Chapter or subsequent amendments thereto. 70a. STRUCTURAL AL'T'ERATION. Any change in the exterior walls, oof of a building. An enlargement shall be foundation or the r considered as a' structural alteration, and remodeling shall be considered as any change in a' building -that is not a structural alteration. The purpose--for which land or-a building is intended 72a. USE. or for which land or a building is or may be occupied. II. (8.10.5) GENERAL EFFECT OF THIS CHAPTER EXCEPT AS HEREINAFTER PROVIDED: C. No building shall be erected, converted, enlar withgthe areanregucted or structurally altered except in conformity_ lations for the zone in which the building is located or as otherwise provided in this Chapter. eonstructe D. No building shall be erected, converted, enlargeh'thecyard regua, - or structurally altered except in conformity lations for the zone in which the building is located or as otherwise provided in this Chapter; -2- III. - (8.10.21D) NON-CONFORMING USE REGULATIONS. A non-conforming use may be continued and, if there are no structural alterations,' such a use may be converted to a use permitted in the same or higher zone. If it is changed to a use permitted in a zone higher than the zone in which the existing use -is permitted,; it cannot be - changed back to a`use permitted'-in a lower zone If it is changed to a conforming use, it cannot be changed back to a non-conforming ase. For the purposes of this paragraph the "same zone" means the most restrictive zone in which the non-conforming use is a permitted use; a "higher zone means a zone which is more restrictive than the most restrictive zone in which the-non-conforming use is a permitted use. IV. (8.10.24C) AREA REGULATIONS. Any building that is in violation of these area regulations may be repaired or remodeled but not recon- structed or structurally altered; provided, ,.however, that no further -violation of any part of this Chapter or reduction of the area regulations in noncompliance is created. SECTION III. REPEALER.- All other Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, as are Sections 8.10.3.56, 8.10.5C, 8.10.5D,.8.10.21E and 8.10.24C of the_Municipal -Code of Iowa City. SECTION 1V. SAVINGS CLAUSE. If any section, provision, or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision, or partthereofnot adjudged invalid or uncon- stitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall become effective after its final passage, approval and publication as provided by law. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: • - ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8.10 OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY ESTABLISHING PROVISIONS FOR NON -CONFORMING USES AND BY REPEALINGSECTIONS 8.10.3.56, 8.10.SC, 8.10.51), 8.10.21B AND 8.10.24C OF SAID CHAPTER. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this ordinance is to amend the - Municipal Code to establish, provisions for non -conforming uses. SECTION Il. AMENDMENT. The Municipal Code of Iowa City, Iowa, is hereby amended by the following: - 1. (8:10.3) Definitions. 20a. CONVERSION. Any change in a principal use to another principal Use. • 56. NON -CONFORMING USE., Any use that is not permitted within the zone in which it is located by reason of the adoption of this Chapter or subsequent amendments thereto. 70a. STRUCTURAL ALTERATION. Any change in the exterior walls, - foundation or the roof of,a building. `An enlargement shall be considered as _a structural alteration, and remodeling shall be considered as any change:in,a-building that is not a structural _- alteration. 72a. USE. The purpose for which land or a building is intended or for which land or a building is or may be occupied. IL (8.10.5) GENERAL EFFECT OF THIS CHAPTER EXCEPT AS HEREINAFTER PROVIDED: . C. No building shall be erected, converted, enlarged, reconstructed, or structurallyaltered except in conformity, with -the -area regu- lations for the zone in which the building is located or as otherwise provided in this Chapter.` D. No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the yard regu- lations for the zone in which the building is located or as otherwise provided in this Chapter. -2- LII. (8.10.21B) NON-CONFOUIING,USE REGULATIONS. A non -conforming use may bea continued be nd, if convertedcre to aruse permittedainatheTsamenor - such a use may zone higher - rhigher zone. If it is changed to a use permitted in ait cannot be than the zone in which the existing use_is permitted, changed ; back to a use permitted in a locarbacketo afnon-conforming i to a conforming use, it .cannot be Chang use. For he purposes Of this paragraph`.the "same zone" means the which the non -conforming use is a permitted most restrictive zone in use; a "higher zone" means a zone which is more restrictive than the most restrictive zone in which the non -conforming use is a permitted use. IV. (8.10.24C) AREA REGULATIONS. Any building that is inviolationof these area regulations, may, be repaired or remodeled but not recon- structed or structurally altered provided, however, that no further violation of any part of this Chapter; or reduction of the area regulations in noncompliance is created. All other Ordinances or parts of Ordinances SECTION III. REPEALER.' in conflict with the provisions of this Ordinance are hereby repealed, • as are Sections 8.10.3.56, 8.10.5C, 8.10.51), 8.10.21B and 8.10.24C of the ttunicipal Code of Iowa City. SECTION 1V. SAVINGS CLAUSE. If any section, provision, or part of this Ordinance shall be adjudged invalid or unconstitutional, such of the Ordinance as a whole adjudication shall not affect the validity o n, provision, or part thereof not adjudged invalid or uncon or any secti- stitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall become effective after its final passage, approval and publication as provided by law. _It was moved by and seconded by that the Ordinance as read be adopted, and upon -roll call there were: