2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES

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XXI. EXCEPTIONS TO HEIGHT AND AREA REQUIREMENTS C. EXCEPTIONS TO YARD SETBACKS—GENERAL 3. Structures and Plantings. In all zoning districts, no structure or planting shall be constructed at a height greater than three and one-half feet (3 ''/s') above the established street grades within the vision clearance triangle nor shall any structure or planting limit the clear sight of vehicular traffic. Section 4. That Section XXIII of the Zoning Ordinance of the City of Decatur (Ord. No. 3512 as amended) be, and the same is hereby, amended and modified so that said Section XXIII as so modified and amended shall provide as follows: SECTION XXIII. NON-CONFORMING USES A. GENERALLY 1. All lawful uses or structures within the City limits of the City of Decatur which were in compliance with the Zoning Ordinance prior to the adoption or any subsequent amendment thereto that do not conform to the land use and development regulations of the City of Decatur as codified herein, are hereby declared to be non-conforming. A Non-Conforming Use Permit may be granted for uses or structures in compliance with the Zoning Ordinance prior to the adoption of the Zoning Ordinance or subsequent amendments that have been rendered non-conforming by the Zoning Ordinance or amendments thereto. 2. Lawful uses or structures that do not conform to the regulations herein as a result of changes in district boundaries are also hereby declared non-conforming. 3. Such non-conforming uses or structures are hereby declared to be lawful and shall not be required to be altered to conform with such regulations as adopted by the City of Decatur, provided however, that such uses or structures are restricted and subject to the requirements defined in this Section. 4. Whenever a non-conforming use or structure has been changed or improved to a more restricted state or to a conforming structure or use, such structure or use may not thereafter be changed to a less restricted or non- conforming state unless the City Council grants a non-conforming use permit. A Non-Conforming Use Permit may be granted when all requirements described in this Section are met. 5. The Economic and Urban Development Department shall have the authority to assign a zoning classification to each non-conforming use. The assigned classification may be appealed to the City Manager.