§ 118-200. Vacant lawful nonconforming commercial, industrial, or multi-family parcels.

Any vacant lawful nonconforming commercial, industrial, or multi-family parcel which was legally established prior to the effective date of this chapter, or which was legally established prior to the effective date of an amendment to this chapter, or which has been rendered nonconforming due to circumstances which were not self-created, may be continued, developed or maintained subject to the following:

(1)

Development and permitted uses of vacant lawful nonconforming commercial, industrial, or multi-family parcels. A lawful nonconforming commercial, industrial or multi-family vacant parcel may be developed for any of the uses permitted in the zoning district in which said parcel is located, provided that the proposed commercial, industrial or multi-family building and its accessory structure(s) meets all applicable yard and setback requirements for the zoning district in which the commercial, industrial or multi-family parcel is located. All other zoning requirements shall also be met, unless variances to said requirements are granted through action of the planning and zoning board pursuant to section 118-200(3). Any existing commercial, industrial, or multi-family building and its accessory structures on a lawful nonconforming commercial, industrial, or multi-family parcel which is razed or is altered or restored beyond the limits provided for in section 118-202(1) or (3) after the effective date of this article must comply with this section 118-200(1).

(2)

Prohibition on establishment of nonconforming commercial, industrial, or multi-family parcels. A commercial, industrial or multi-family parcel may only be established after the effective date of this article if such parcel conforms with the applicable requirements of this chapter, unless a variance is obtained through action of the planning and zoning board.

(3)

Obtaining a variance for vacant lawful nonconforming commercial, industrial, or multi-family parcels. Subject to the requirements of this section, the granting of a variance in conjunction with the development of a vacant lawful nonconforming commercial, industrial, or multi-family parcel may only be granted by the planning and zoning board in accordance with section 118-126, et seq., and upon a finding that:

a.

The vacant lawful nonconforming commercial, industrial or multi-family parcel cannot be reasonably developed for any of the permitted uses within the underlying zoning district without such variance;

b.

The variance is necessitated by the size and shape of the vacant lawful nonconforming commercial, industrial or multi-family parcel; and

c.

The vacant lawful nonconforming commercial, industrial, or multi-family parcel can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.

For purposes of this subparagraph, compliance with the applicable building setback requirements is not reasonably possible if none of the permitted commercial, industrial, or multi-family buildings, as applicable, within the underlying zoning district for a vacant lawful commercial, industrial or multi-family parcel cannot practicably be constructed and located on said parcel in conformity with such setback requirements. Mere financial hardship nor maximum developmental potential do not constitute grounds for finding that compliance is not reasonably possible.

(Ord. No. 03-17, § 2, 7-10-03)