Loading...
HomeMy WebLinkAboutOrdinances (O-00-1261)-12/19/2000 ORDINANCE 0-00-1261 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 8 - PLAT REVIEW PROCEDURES, CHAPTER 9 - SUBDIVISION DESIGN & PUBLIC FACILITIES, CHAPTER 10 - PRIVATE STREETS AND ENTRANCE GATES, CHAPTER 13 - IMPACT FEES, CHAPTER 14 - ENGINEERING DESIGN STANDARDS, AND CHAPTER 15 - PUBLIC WORKS CONSTRUCTION STANDARDS, OF THE LAND DEVELOPMENT CODE, AS AMENDED, BY APPROVING STANDARDS FOR CUL-DE-SAC STREETS, APPROVING A ROADWAY IMPACT FEE COLLECTION TABLE, APPROVING A REQUIREMENT FOR CITY-DEVELOPER AGREEMENTS, APPROVING REQUIREMENTS FOR LOT DRAINAGE, APPROVING THE LOCATION OF LOADING SPACES, APPROVING REGULATIONS FOR FIRE HYDRANTS, APPROVING REGULATIONS FOR DIVIDED ENTRYWA YS, APPROVING MINIMUM HEIGHTS OF ENTRANCE GATES, APPROVING REQUIREMENTS FOR FIRE HYDRANT SPACING, APPROVING REGULATIONS FOR INCOMPLETE PLAT SUBMITTALS, APPROVING REQUIREMENTS FOR A PRELIMINARY DRAINAGE ANALYSIS, AND APPROVING REGULATIONS REGARDING NON-CONFORMING LOTS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000 to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its report and recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1, THAT Chapter 9, Section 9.17,B, Para. 5, of the Land Development Code, as amended, regarding cul-de-sac streets is hereby amended to read as shown on the attached Exhibit "A". Sec2. Sec 3. Sec4, Sec 5. See 6, Sec 7, Sec 8. Sec 9. Sec 10. Ordinance 0-00-1261 Page 2 of 4 THAT Chapter 13 - Impact Fees of the Land Development Code, as amended, is hereby amended by replacing Exhibit "13-H" - Schedule of Roadway Impact Fees to be Collected with the attached Exhibit UB." THAT Chapter 14, Section 14.5, General Conditions, of the Land Development Code, as amended, is hereby amended to insert a new Section 14.5.D, City-Developer Agreements, to read as shown on the attached Exhibit "C". THAT Chapter 9, Section 9.7.1, Lot Drainage and Grading, of the Land Development Code, as amended, shall be amended to read as shown on the attached Exhibit "D". THAT Chapter 14, Section 14.14, of the Land Development Code, as amended, shall be amended to insert a new Section 14.14.M to read as shown on the attached Exhibit "E". THAT Chapter 3, Section 3.30,B, Location of Loading Spaces, of the Land Development Code, as amended, shall be amended to read as shown on the attached Exhibit "F". THAT Chapter 9, Section 9.13.B, Fire Hydrants, of the Land Development Code, as amended, is hereby amended to read as shown on the attached Exhibit "G", THAT Chapter 9, Section 9.17.B.11, Divided Entryways, of the Land Development Code, as amended, shall be amended to read as shown on the attached Exhibit "H". THAT Chapter 10, Section 10.6.L, Restricted Access Entrance Design Standards, of the Land Development Code, as amended, shall be amended to read as shown on the attached Exhibit "I", THAT Chapter 14, Section 14.12.E, Fire Hydrants, of the Land Development Code, as amended, shall be amended to read as shown on the attached Exhibit "J", Sec 11 , See 12, Sec 13. See 14. Sec 15, Sec 16. Ordinance 0-00-1261 Page 3 of 4 THAT Chapter 8, Section 8.7.E, Determination of Completeness, and Section 8.7.H, DRC Action Required, of the Land Development Code, as amended, shall be amended to read as shown on the attached Exhibit "K". THAT Chapter 14, Section 14,16.A, Preliminary Drainage Analysis Guidelines, of the Land Development Code, as amended, shall be amended to read as shown on the attached Exhibit "L", THAT Chapter 3, Section 3.7.A, Intent, and Section 3,7.B, Non- conforming Lots of Record, of the Land Development Code, as amended, shall be amended to read as shown on the attached Exhibit "M". THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance, THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000,00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Ordinance 0-00-1261 Page 4 of 4 Sec 17. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the Sli- day of b , 2000. day of rc~~~ CITY OF COLLEYVILLE: K~C-p Donna Arp Mayor Cynthia Singleton City Secretary ~OVED AS TO FORM AND LEGALITY: +~ ROSSfT. F't~; City Attorney Exhibit "A" 5. Cul-de-sac Streets - No street shall be designed as a permanent dead-end street, but shall be designed to incorporate a cul-de-sac which complies with this Section, a. Diameter - A cul-de-sac street shall be provided at the closed end with a minimum property line right-of-way diameter of one hundred feet, and a pavement turn-around with a minimum outside diameter of eighty feet (80'), b. Length - No cul-de-sac street shall exceed six hundred feet (600') in length, unless additional right-of-way width and additional pavement width are provided as required in this Section, Furthermore, no cul-de-sac street shall exceed the maximum length of one- thousand two hundred feet (1,200'). For purpose of this regulation, cul-de-sac length shall be measured along the centerline of the cul-de-sac from the intersecting street right- of-way line to the center point of the cul-de-sac c. Width - A cul-de-sac street shall have a minimum right-of-way width of fifty feet (50') and a minimum pavement width of thirty-one feet (31 '), back-to-back of curb, However, a cul- de-sac street which exceeds six-hundred feet (600') in length shall have a minimum right- of-way width of fifty-six feet (56') and a minimum pavement width of thirty-six feet (36'), back-to-back of curb. d. Maximum Number of Lots - The maximum number of single-family lots served on a cul- de-sac street shall be as shown in the following table: Maximum SF Lots Served on Cul-de-sac District Max. Number of Lots Served e, Temporary Turn-Around - A temporary turn-around is required when a street is temporarily dead-ended and is longer than one-hundred and fifty (150) feet, as measured from the intersecting street right-of-way line, The temporary turn-around shall be within a temporary easement and constructed of asphalt or concrete. Exhibit "B" Schedule of Roadway Impact Fees to be Collected Land Use Category Development Unit Actual Roadway Impact Fees Collected Per Development Unit Area 1 Area 2 g~ : .._ ~ :;~~2~ :__{;~; -----00 ----- r--"--- 986 - -r--- -----r98 ---=--=-~-----..- ---~ - --~-==-t ----=~~.--=-==-- -1";6005--:( GFA- "$----- 790 -$--- 640 j'1,6QO~~C~~n-- -- 790-[$ 640 I 1,000 s.f. GXA ; 1 2,582 i$ 2,O~9 11,000s.f.GFA~uL 916 $ 741 m ..... I L Automobile-related ~~~~~~I~n~ ~~e:~:~~~r_=-__ _ m~~ ::~ g~~~ --:. .J:~~~ D __ ~~~ Q~~LubeShop ..___ __ ~ay ___ t__ ~ $ _ 581 Tire Store 1,000 sJ. GFA $ - 1,784- ~ -1;445 ~O~~;~'R'~_ _ u__ ~~::-_~11--"00~000 sS_.'~f.' GG-FFAA $$ _~-]~57J11-22 $$- ----- 1,254797- Building MaterialsorJ_l.lrTlbe@ore _ _ _ _Covenie..nce St~re wl~~Pumps __ __ 1 ,000sJ GFA _L 3,98~J $ _ _ _3,227 _ Covenienc~ Storevvlo Gas Pumps _ _ __ 1,00o..sl-.GFA $ _ 3,552 $ 2,876 u_ Quality Re~aurant__ 1,000 sJ. GFA $ 1,613 " $ 1,307 Fast Food Restaurant 1,000s:t-:crFA $3;515~ 2;847 - ---~ig~~-!urno~_~_~ Res!.~uran~_ ---=- -~ ,000 s_-~_GFA. $ --- 2,338 $ -~93 Specialty RetailCentElr 1,000 s.f, GFA $ _ _~55 $ 773 Furniture Store 1,000 s.f. G-FA $ 91 $ u_~ Qaide~_ C~~terJ~_urs_~-ry) 1Jl_09-~~.__t_<;;~A~!_ 647 $ _524 Hard~are or Paint~tore1,OOO_s.f. GF.A_$ u 9~Q. $!~5 Hotel n RoomL~ 160 1 $ 1 ~O _ _ Mot~I__n_ .._ _'3.oom mn nl $ 1~3 . $ 132 _EJ1armacy!Qr~ Sl<>l'e_ t-- 11~,OOOOoO 5s.....ff.. GGFFAI\+$~'- 1,5787n01 'I $$... 1 '6282- 31 __ _Sh9PpLn_!LQElnter '--+ ---ei~::~:1~~~Store -nf~:~~rH~~~-LL-- _2'i~~it. 1"~~~_ Recreationar- -- - --- - - -- ---- - -- - - - -- --- ---- Movie Theater Seat $ 43 . $ -- -- -- - -- --- - -- ~ -_.__.~ '"d[~~~:Llit""';" .- - -1 i:!!! rrl~~ ! --n~lf=f~r -Mini-warehoLJse___ _. -1,000. sJ. GFA $-_~~1~J._J 415- Residential -~,-- -..----..-.,---- -- - _ SingleFamily Detached____ Multi-Family_H____ Mobile Home Park Office ----- -------.--.- .. ..---.--..... -....- <:;eneral()ffice Bu i1din_9 Single Office Building . ~e(jT~af~b_entalbffice Buildin!:j Business Park 208 35 Institutional ,---_.,-------------- ..----- School . Day~arEl. Cen}ei_- Religi()us InstitutiC>ll.. O.e~ S.e.ac.e Private 0 en Space .'-'---~=-r1~{bll~:'~~FA i -~=- ----~ --~-:_- ,--------- -- -- --- ......- Acre $ 209 $ 166 $ 653 $ 169 134 _.,----- 529 326 . :5 264 Exhibit "C" 14,5. D City-Developer Aqreements 1. Requirement and Waiver Provision - No public improvements shall be constructed within a development, unless and until a City-Developer Agreement has been approved by the City Council. The City-Developer Agreement shall be submitted for approval by the City Council at the same time as the Final Plat submittal, or as soon thereafter as practical. Where no public participation of public facilities is proposed and where the Director of Public Services has made recommendation to the approving body of a development that no City-Developer Agreement is necessary, the City-Developer Agreement may be waived. 2, City Participation - The City may share in the costs with a developer for constructing public improvements relating to a development, provided a City-Developer Agreement has been approved by an ordinance that has been adopted by the City Council in accordance with this Section, The limits of City participation shall be expressly established in the agreement at a level not to exceed thirty (30) percent of the total contract price, Under the agreement, the developer shall construct the public improvements and the City shall participate in the costs. Where a developer is requesting City participation in the construction of a public facility and the total participation cost by the City exceeds fifteen-thousand ($15,000) dollars, the procurement procedures specified in the Texas Local Government Code for public improvements shall be used by the developer, All records to the developer's cost of constructing the public improvements shall be maintained and made available for inspection by the City, 3. Construction Plans - It shall be the responsibility of the developer's engineer to prepare all engineering construction plans and contract documents for construction of the project for the use of the City and the contractor, 4. Performance Bond - Where a City-Developer Agreement has been authorized, the developer shall execute a performance bond for the construction of the public improvements which include any City participation to ensure their completion, 5. Authorization to Proceed - On projects not requiring a City-Developer Agreement, the developer may proceed with the construction of the public improvements after the City has issued a letter authorizing the developer to proceed with the construction, provided the engineering construction plans have been approved by the Director of Public Services. All construction shall be in accordance with the applicable sections of this Land Development Code, The developer may select his own contractor subject to the contractor executing the necessary bonds with the City and payment of the inspection fees required for each portion of the public facilities. Exhibit "0" 9,7,1 Lot Drainage and Grading 1. Grading and drainage of all lots shall be designed in a manner which will allow one lot to drain across an adjacent lot and into a permanent structure, such as a concrete flume, lined channel, or proper inlet to an adequate drainage facility, or to a street right-of-way, If an approved drainage structure is not present, it will be required of the developer to construct the necessary facilities. 2, Sheet flow techniques shall be used for lot to lot drainage where possible, 3, Single lots shall accommodate their own drainage into an approved structure where topographic elevations allow this to occur, Exhibit "E" 14,14,M Lot Drainage and Grading 1, Grading and drainage of all lots shall be designed in a manner which will allow one lot to drain across an adjacent lot and into a permanent structure, such as a concrete flume, lined channel, or proper inlet to an adequate drainage facility, or to a street right-of-way. If an approved drainage structure is not present, it will be required of the developer to construct the necessary facilities. 2. Sheet flow techniques shall be used for lot to lot drainage where possible. 3. Single lots shall accommodate their own drainage into an approved structure where topographic elevations allow this to occur. Exhibit "F" Section 3.30,B LOCATION OF LOADING SPACES Off-street loading spaces shall be provided and maintained for all retail, commercial and industrial uses and structures for receiving and loading merchandise, supplies, and materials within a building or on the lot or tract adjacent thereto, Such spaces shall be marked with painted outline and may be adjacent to a public alley or private service drive or may consist of a truck berth within a building or structure, however no portion of the off-street loading space shall be located within or extend into any public street, highway, fire lane or alley right-of-way. Exhibit lOG" 9.13.B Fire Hydrants The developer of a subdivision shall be required to install, at no cost to the City, a sufficient number of fire hydrants to provide fire protection to every lot in the subdivision, All structures in residential areas shall have fire hydrants within 500 feet and a 600 foot hose-lay, All structures in commercial areas shall have fire hydrants within 300 feet and a 500 foot hose-lay, The design and construction of the fire hydrant system shall be in accordance with the city design standards and specifications contained in this Land Development Code. The layout of the fire hydrant coverage shall be approved by the Fire Marshal and be in accordance with the standards of the Texas State Board of Insurance requirements, Exhibit "H" 11. Divided Entrvwavs - Where a proposed subdivision, or cul-de-sac street, contains more than twelve (12) lots and is served by a single entry location, there shall be an emergency access that meets the standards of this Land Development Code, An alternative design may include either of the following: (1) a single pavement width of forty-one (41 ') feet that extends back from the intersecting street right-of-way a minimum distance of one-hundred (100) feet. (2) a divided entryway with two driving surfaces not less than thirty-one (31) feet in width. The separation between the centerlines of the driving surfaces shall not be less than 100 feet. The median shall extend back from the intersecting street right-of-way a minimum distance of one-hundred (100) feet. (3) an alternate design that is acceptable to the Fire Marshal and the approving body. Exhibit "I" 10.6.L RESTRICTED ACCESS ENTRANCE DESIGN STANDARDS Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device, If an overhead barrier is used, it must have a minimum height above the road surface as required by the Fire Code for fire lanes. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, must meet City guidelines or policies and must be approved by the City prior to installation. The gates, cross arms and opening devices must be tested and accepted by the City prior to being put into operation. Gate designs may incorporate one or two gate sections to meet the required minimum width of 24 feet. If the entrance is to incorporate a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if approved by the City, but in no case shall any single gate or street pavement have a clear opening of less than eighteen (18) feet in width nor fourteen (14) feet in height. All restricted access entrances shall be equipped with the Opticom gate opening system. The system shall be maintained by the HOA in good working condition at all times. Exhibit "J" 14.12.E Fire Hydrants 1. Hvdrant Spacinq - Fire hydrants in commercial and industrial areas shall generally be located at street intersections and spaced so as to provide fire hydrant coverage with a maximum radius of three hundred (300') feet and a maximum hose lay of five hundred (500') feet. Fire hydrants in a residential area shall generally be located at street intersections and spaced so as to provide fire hydrant coverage with a maximum radius of five hundred (500') feet and a maximum hose lay of six hundred (600') feet. 2, Materials a, Fire hydrants shall be manufactured in accordance with A\NWA C-502, Dry-Barrel Fire Hydrants. b, Hydrants shall be manufactured such that all maintenance and adjustments can be performed without excavation and such that hydrants may be faced in any direction in relation to base, c. The standard fire hydrant bury length from ground to bottom of the connecting pipe shall be three (3') feet six (6') inches, The hydrant shall be of a design that will permit extensions without disturbing the bottom section of the hydrant. d, A gate valve shall be installed with each fire hydrant. 3. Manufacturers - Approved fire hydrants manufacturers are as follows: a, Mueller Centerion A-423 b, Watrous Pacer - 100 c, Claw 4, Locations a, Fire hydrants are to be located a minimum of three (3') feet and a maximum of six (6') feet behind the back of curb, Exhibit uK" 8.7.E INCOMPLETE SUBMITTALS The Administrative Official responsible for review of subdivision plats shall, upon receipt of a subdivision application, determine whether or not the subdivision contains the minimum exhibits required for a plat submittal. The applicant shall be notified of any deficient exhibits. 8.7.H ORC REVIEW Copies of the subdivision plat shall be distributed to the Development Review Committee (DRC) members for technical review, The DRC shall provide written comments and recommendations on the proposed development to the Administrative Official within ten (10) business days following the date of distribution. The Administrative Official responsible for subdivision review shall compile a report of the written comments received from the DRC and provide a copy of said report to the subdivider within five (5) working days following the day of receipt of all staff comments, The subdivider shall submit revised copies of the subdivision application, which incorporates and fully satisfies the comments of the DRC or provide written response as to why such modification is not proposed. Upon receipt of the revised subdivision application, written response from the subdivider and all of the supporting documents which may be needed, the subdivision application shall be placed on the agenda of the next available regularly scheduled meeting of the Planning and Zoning Commission for action. Exhibit "L" 14.16,A Preliminary Drainage Analysis Guidelines The purpose of a Preliminary Drainage Analysis is to determine the need for drainage facilities and/or drainage easements either within the proposed development or offsite, A Preliminary Drainage Analysis is required for every subdivision plat or a development requesting a building permit on a parcel which does not have a previously approved Drainage Analysis, unless the city engineer has waived this requirement due to existing conditions. The Preliminary Drainage Analysis shall consist of the following information: 1. A topographical map drawn at a scale of I" = 200' which depicts the watershed that drains to and across the subdivision or development. The map must include the subdivision and an area extending a minimum of 200' in all directions from the proposed subdivision. Sheets shall be either 18" X 24" or 24" X 36" in size and may contain sheet to sheet match lines. The map must include contour lines at five (5') foot vertical intervals in terrain with a slope of two (2%) percent or more, or two (2') foot vertical intervals in terrain with a slope of less than two (2%) percent. Data from the City topographic maps will be acceptable where available, Data from USGS Quad sheets may be acceptable only where City topographic maps are not available. The datum for "0" topography shall be that of the United States Coast and Geodetic Surveyor the City of Colleyville GIS datum, The map shall indicate any offsite or adjoining areas outside the limits of the area being developed which are relevant to onsite drainage. Show all significant physical features such as proposed or existing drainage and utility easements, water bodies, streams, railroads, parks, and drainage ditches, Show location of existing utilities including gas and petroleum lines, electric, telephone and TV cable. Also, the location of any existing structures located within the area being proposed for development. The plan shall include the building footprint and parking areas when the Preliminary Drainage Analysis is prepared for a building permit. 2. Calculation of the drainage areas, time of concentration, and storm water runoff rate for the 100 year frequency storms, The design calculations shall include preliminary locations of drainage facilities. 3. Identification of special flood hazard areas as defined by the Flood Hazard Area Regulations Ordinance and as located by the current Flood Insurance Rate Map, 4. The Preliminary Analysis shall be sealed by a Registered professional Engineer licensed by the State of Texas. Exhibit "M" Section 3.7 Non-conforming Uses, Lots and Buildings 3.7.A Intent Within the districts established by this Chapter, or amendments that may later be adopted, there exist lots and uses of land, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before the original zoning ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Chapter or future amendment. It is the intent of this Chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Chapter that such non-conformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other buildings and structures or uses prohibited elsewhere in the same district. Non-conforming uses are declared by this Chapter to be incompatible with permitted uses in the districts involved. A non-conforming use of a building or structure, a non-conforming use of land, or a non-conforming use of buildings and land in combination shall not be extended or enlarged after passage of this Chapter by attachment on a building or premises or by the addition of other uses of a nature which would be prohibited generally in the district involved. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Chapter and upon which actual building construction has been carried on diligently, Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. 3.7.B NON-CONFORMING LOTS OF RECORD In any zoning district in which single-family dwellings or commercial buildings are permitted, a single-family dwelling or commercial building and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter, notwithstanding limitations imposed by other provisions of this Chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership, This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Zoning Board of Adjustment. L. 3.7,C. Non-Conforming Uses of Land (or Land with Minor Buildings Only) Where at the time of passage of this Chapter lawful use of land exists which would not be permitted by the regulations imposed by this Chapter, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000), the use may be continued so long as it remains otherwise lawful, provided: 1, No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the original zoning ordinance; 2. No such nonconforming use shall be moved in whole or in part to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption of amendment of the original zoning ordinance: 3. If any such nonconforming use of land ceases for any reason for a period of more than ninety (90) consecutive days, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located; 4. No additional building not conforming to the requirements of this Chapter shall be erected in connection with such nonconforming use of land. M. 3,7.D Non-Conforming Buildings Where a lawful building exists at the effective date of adoption or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building, such building may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No such non-conforming building may be enlarged or altered in a way which increases its nonconformity, but any building or portion thereof may be altered to decrease its nonconformity or to comply with City building codes. 2. Should such non-conforming building or non-conforming portion of a building be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction; it shall not be reconstructed except in conformity with the provisions of this Chapter, or when approved by the Zoning Board of Adjustment, after public hearing thereon, when the Board's findings, having due regard for the property rights of persons affected, were considered in the light of public welfare and the character of the area surrounding the nonconforming building and the conservation and protection of property, 3, Should such building be moved for any reason any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. N, 3,7,E Non-Conforming Uses of Buildings or of Buildings and Premises in Combination If lawful use involving individual buildings with a replacement cost of one thousand dollars ($1,000,00) or more, or of buildings and premises in combination, exist at the effective date of adoption or amendment of this Chapter that would not be allowed in a particular district under the terms of this Chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No existing building devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the building to a use permitted in the district in which it is located, or to comply with City building codes. 2. Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Chapter, but no such use shall be extended to occupy any land outside such building. 3. If no structural alterations are made, except as required by the City's building codes, any non-conforming use of a building, or building and premises, may, as a special exception, be changed to another non-conforming use provided that the Zoning Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use, In permitting such change, the Zoning Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this Chapter. 4. Any building, or building and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non- conforming use may not thereafter be resumed. 5. When a non-conforming use of a building, or building and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three- year period (except when government action impedes access to the premises), the building, or building and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. 6. Where non-conforming use status applies to a building and premises in combination, removal or destruction of the building shall eliminate the non-conforming status and any new construction shall be in accordance with the zoning regulations applicable to the district. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at time of destruction, O. 3.7.F Repairs and Maintenance On any non-conforming building or portion of a building containing a non- conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten (10) percent of the current replacement cost of the non-conforming building or non-conforming portion of the building as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased. If a non-conforming building or portion of a building containing a non- conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized City official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. P. 3.7.G Changing Non-Conforming Uses 1 . Any non-conforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a non-conforming use. 2. The Zoning Board of Adjustment may grant a change of use from one non-conforming use to another non-conforming use provided such change is to a use permitted in a zoning district where the original non-conforming use would be permitted or such change is to a use permitted in a more restrictive classification. However, such change of use and occupancy shall not tend to prolong the life of a non-conforming use. Upon review of the facts in accordance with the procedures for the Zoning Board of Adjustment, contained in Chapter 1 - General Provisions of this Land Development Code, the Zoning Board of Adjustment may establish a specific period of time for the return of the occupancy to a conforming use. 3. The Zoning Board of Adjustment may approve the remodeling or enlargement of a non-conforming use when such an enlargement would not tend to prolong the life of the non-conforming use, Upon review of the facts, the Zoning Board of Adjustment may establish a specific period of time for the return of the occupancy to a conforming use in accordance with the procedures of the Zoning Board of Adjustment contained in Chapter 1 - General Provisions of this Land Development Code.