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vr <br />/^/f75^ <br />DIVISION 2. NONCONFORMING USES AND <br />RELATED MATTERS <br />S6C» 78*71» Nooconforming US6S< <br />Any land or buildings which were actually and <br />legally dovoted to a nonconfoming use on Janu* <br />aiy 1,1975, may be continued in the nonconform­ <br />ing use pursuant to conditional use permit granted <br />as specified and subject to the following pro\i- <br />sions: <br />(1) TTie nonconforming use may not be changed <br />^ to another nonconforming use. <br />(2) Noting in this chapter shall prevent the <br />placing of a structure in safe condition <br />when the structure is declared unsafe by <br />the building inspector, pro\iding the nec­ <br />essary repairs shall not constitute mo.» <br />than 50 percent of the fair market value of <br />such structure. A structure shall include <br />such accessory features attached to the <br />structure or located anywhere on the land, <br />such as signs, marquees, or monuments. <br />(3) When any lawful nonconforming use of <br />any structure or land in any district has <br />been changed to a confoiming use, it shall <br />not thereafter be changed to any noncon­ <br />forming use. <br />(4) Whenever a lawful nonconforming struc­ <br />ture shall have been damaged by fire, <br />flood, explosion, earthquake, war, riot or <br />act of God, it may be reconstructed and <br />used as before if it be reconstructed within <br />12 months after such calamity unless the <br />damage to the building or structure is 75 <br />percent or more of its fair market value as <br />shown on the assessment records at the <br />time of damage, in which case the whole <br />of the structure sbaU be demolished; and <br />any construction thereafter shall be for a <br />use in accordance with the prorisions of <br />this chapter. <br />(5) Whenever a lawful nonconforming use of <br />a structure or land is discontinued and <br />remains discontinued for a period of 12 <br />months, any future use of such structure <br />or land shall be in conformity with the <br />provisions of this chapter. <br />C <br />l|I <br />I <br />if <br />^y lawful nonconforming use of land not <br />involving a structure and any lawful non­ <br />conforming use involving a structure with <br />an assessor's fair market value upon Jan­ <br />uary 1, 1975, of $3,000.00 or less may be <br />continued for a period of 36 months after <br />January 1,1975, whereupon such noncon­ <br />forming use shall cease, unless brought <br />into conformity with this chapter. <br />Ally proposed structure which will, under <br />this chapter, become nonconforming but <br />for whi<^ a building permit has been <br />lawfully granted not more than six months <br />prior to January 1, 1975, may be com­ <br />pleted in accordance with the approved <br />plans proinded construction is started <br />within six months of January 1,1975, and <br />continues to completion within two years. <br />Such structure and use shall thereafter <br />be a legally existing nonconforming struc­ <br />ture and use. <br />(8) Normal maintenance ofa building or other <br />structure containing or related to a lawful <br />nonconforming use is permitted, includ­ <br />ing necessary nonstructural repairs and <br />incidental alterations which do not ex- <br />^ tend or intensify the nonconforming use. <br />(9) Alterations may be made to a building <br />containing lawful nonconforming residen­ <br />tial units when they will improve livabil­ <br />ity, pro\ided they will not increase the <br />number of dwelling units or bulk of the <br />^ building. <br />-ste <br />Iff <br />So <br />. I (10) The nonconforming use provisions of this <br />y* chapter apply only to the use to whichchapter apply only to the use to which <br />land and buildings are put, and do not <br />apply to situations where location or height <br />of structures, lot size or other factors not <br />involving the use of the premises prevent <br />strict conformance with the requirements <br />of this chapter. \Vhere, however, such a <br />situation existed legally under the prior <br />applicable law, the council will not unrea­ <br />sonably require strict compliance and will <br />generally look with favor on granting of a <br />variance under division 3, subdivision II <br />of this article. <br />(Code 1984, $ 10.03(5))