08-09-2004 Council Packet - Laserfiche WebLink

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EXHIBIT H Sec. 78-71. Nonconforming uses. Any land or buildings which were actually and legally devoted to a nonconforming use on January 1,1975, may be continued in the nonconforming use pursuant to conditional use permit gramted as specified and subject to the following provisions: (1) The nonconforming use may not be changed to anotlrer nonconforming use. (2) Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the building inspector, providing the necessary repairs shall not constitute more than 50 percent of the fair market value of such structure. A stimcture shall include such accessory features attached to tlie stmeture or located anywhere on the land, such as signs, marquees, or monuments. (3) When any lawful nonconforming use of any su’ucture or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. (4) Whenever a lawful nonconforming sti icture shall have been damaged by fire, flood, explosio ’i, earthquake, war, riot or act of God. it may be reconstructed and used as before if it be reconstructed within 12 months after such calamity unless the damage to the building or structure is 75 percent or more of its fair market value as shown on the assessment records at the time of damage, in which case the w'hole of the structure shall be demolished; and any construction thereafter shall be for a use in accordance with the provisions of this chapter. (5) WTrenever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of such structure or land shall be in conformity with the provisions of this chapter. (6) Any lawful nonconforming use of land not involving a structure and any lawful nonconforming use involving a structure with an assessor's fair market value upon January 1.1975, of S3,000.00 or less may be continued for a period of 36 months after January 1.1975, whereupon such nonconforming use shall cease, unless brought into conformity with this chapter. (7) Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to January 1, 1975, may be completed in accordance with the approved plans provided construction is started within