Alton Baker Park, Nearby Nature Program

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Mike Gleason July 27, 1994 Page 2 zone. Although the purpose of the zones is not a "true physical division," the zones were created for management and development purposes. The uses and permitted structures allowed in each zone are set forth in the Plan. Our understanding is that the structure in which Nearby Nature intends to locate its nature center falls within the Woodland and Riverside Uses Subzone (1B). The intended purpose of that subzone is "to preserve, maintain and augment existing natural woodland and riverside environments as primarily natural areas." Appropriate uses within the zone are listed. Those activities include, among others, bird and animal watching and natural study. The permitted structures in the zone, however, are limited to improvements that are "necessary to provide reasonable intra -park linkages and movement and shall consist primarily of nature trails, paths, benches, launch area[s], rest areas and informal picnic areas." The Plan also provides for "service centers" to be "established at strategic areas within the park to provide maintenance and storage for equipment and supplies." The storage shed currently located in the Woodland zone is a service center" that is permitted under the Plan. The proposed use for the existing dwelling, however, does not qualify as a "service center" use. The use to which Nearby Nature wishes to put the house is a permitted use within the zone: nature study. However, a structure to facilitate nature study is not "necessary" to provide linkages or movement and is therefore not a permitted improvement within the zone. The existing structure would be allowed to continue only if it were a nonconforming structure. The code distinguishes between nonconforming uses and nonconforming structures, and this structure does not meet the definition of a nonconforming structure. EC 9.618 (Nonconforming Structures) provides: "A structure that was allowed by this code when it was established, but which is no longer permitted in the district in which it is located because it does not conform to existing height, solar setback, yard, coverage, or area requirements of the zoning district in which the land is located may continue so long as it complies with all the following requirements: (a) It is not enlarged, moved, or altered in a way that increases itt non- conformity, but it may be altered to decrease its non - conformity. (b) If a nonconforming structure or portion of a nonconforming structure is destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it cannot be reconstructed except in conformity with the provisions of this code.