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Thread: Allowing a non-conforming structure to expand in a residential area

  1. #1
    Cyburbian gicarto's avatar
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    Allowing a non-conforming structure to expand in a residential area

    One of my cities asked me a question about allowing a non-conforming business in a residential area to expand. The City's zoning ordinance is very clear that non-conforming uses cannot be enlarged in a residential area. The City wants to grant permission to the property owner to expand but they want to do it in a way that is fair and logical.
    The City is wondering weather they should sit down with the planning and zoning board and draft a new ordinance or a procedure policy. Any suggestions?
    Last edited by mendelman; 31 Dec 2007 at 2:25 PM.
    Trying to get my grubby hands on as much stimulus money as I can.:D

  2. #2
    Unfrozen Caveman Planner mendelman's avatar
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    Can you do Land Use Variations? If so, that would be probably the easiest and most straight-forward path. That way you could possibly make an exception for this specific building/use, but not tamper with the "non-conforming" sections of the code that could have unfortunate unintended consequences.

    A land use variance could allow for airing the project in a public hearing, and could tie future expansions or change in ownerships to an approval and possibly require future amendments to the approval.

    Trying to change the code for a specific situation could be (rightly) preceived as favoritism and unethical, unless these situations are common and the code changes are an attempt for comphrehensive flexibility.

    Good luck.
    Last edited by mendelman; 31 Dec 2007 at 3:41 PM.
    I'm sorry. Is my bias showing?

    The ends can justify the means.

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