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<br /> DIVISION 2. NONCONFORMLNG USES AND �� '� �6� �Y lawful nonconforming use of land not
<br /> RELATED MATTERS � '� involving a structure and any la«f'ul non- �
<br /> . '�y � conforming use involving a structure with
<br /> Sec. 78-71.. Nonconforming uses. � `� an assessor's fair market value upon Jan-
<br /> Z;. � uary 1, 1975, of$3,000.00 or less may be
<br /> Any land or buildings �S�hich ivere actually and *y � continued for a period of 36 months after
<br /> legally devoted to a nonconfonving use on Janu- /�` � January 1, 1975,whereupon such noncon-
<br /> ary 1, 1975, may be continued in the nonconforrn- ~�� "�. fonning use shall cease, unless brought
<br /> ing use pu.rsuant to conditional use permit granted ��7 into conf'orm.ity with this chapter.
<br /> as specified and subject to the following prot�i-
<br /> sions: (7) Any proposed structure which«�ill, under
<br /> �'� W-•• � (1) The nonconformul use ma not be chan ed t�-�s chapter, become nonconforming but
<br /> �' „ 4 g Y g for which a building permit has been
<br /> --�,�!�% � to another nonconforming use. lawfully granted not more than sit months
<br /> �`r�� I'lOT t0 cl3rill
<br /> (2) Nothing in this chapter shall prevent the � P ary 1, 1975, may be com-
<br /> placing of a structure in safe condition '':} r� pleted in accordance with the approved
<br /> when the structure is declared u.nsafe b � U � Pians pro«ded construction is started
<br /> the building inspector, providing the nec- �� � • ��t�six months of January 1, 1975, and
<br /> `��'+'� essary repairs shall not constitute more � � ; continues to completion�vithin ttivo years.
<br /> ���� than 50 percent of the fair market value of Such str-ucture and use shall t h e r e a f ter
<br /> such structure. A structure shall include ' be a legally eaisti�g nonconforming struc-
<br /> C�`� such accessory features attached to the �-- t�u'e and use.
<br /> �� structure or located any�vhere on the land, (8) Normal maintenance of a building or other
<br /> such as signs, marquees, or monuments. �"'��`'�
<br /> structure contauiing or related to a lawful
<br /> � � (3) When any lawfui nonconforming use of � � nonconforming use is permitted, includ-
<br /> ,v` any structure or land in any district has � �� ing necessary nonstructural repairs and
<br /> ��`fi,��� been changed to a conform.ing use,it shall � �"� incidental alterations which do not e�-
<br /> �b not thereafter be changed to any noncon- '�"J tend or intensify the nonconforming use.
<br /> formuig use.
<br /> (9) Alterations may be made to a building
<br /> (4) Whenever a lawful nonconforming struc- ,� �-`"� containing lawful nonconforming residen-
<br /> ture shall have been damaged by fire, � ���` tial units �vhen they will improve livabi�-
<br /> ftood, explosion, earthquake, war, riot or �1 �, ity, provided they wi11 not increase the
<br /> act of God, it may be reconstructed and �v number of d�velling units or bulk of the
<br /> used as before if it be reconstructed within building.
<br /> ��' '� 1 2 mont hs a fter such calamity unless the `
<br /> �,�r damage to the building or structure is 75 (10) The nonconforming use provisions of this
<br /> �� � percent or more of its fair market��alue as � �; chapter apply only to the use to �vhich
<br /> . shown on the assessment records at the � �` � i�d and buildings are put, and do not
<br /> time of damage, in which case the whole � � � apply to situataons k-here location or height
<br /> of the structure shall be demolished; and � of structures, lot size or other factors not
<br /> any constz-uction thereafter shall be for a �tJ Z ��'olving the use of the premises prevent
<br /> use in accordance �vith the provisions of � 4' �° strict conformance with the requirements
<br /> this chapter. �� �� of this chapter. �Vhere, howe��er, such a
<br /> � �,,:, S situation existed legally under the pnor
<br /> �� (5) Whenever a lawful nonconforming use of � � � applicable law, the council will not unrea-
<br /> a structure or land is discontinued and �� �� sonably require strict compliance and will
<br /> l��� ��'� remains discontinued for a period of 12 � ��� generally look with favor on grantin of a
<br /> � ��� months, any future use of such structure g
<br /> o U variance under division 3, subdivision II
<br /> �\�� or land shall be in conforrnity with the � of this article.
<br /> ' provisions of this chapter. (Code 1984, § 10.03(5))
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