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PC Exhibit H <br /> Sec.78-1.-Definitions. <br /> The following words,terms and phrases,when used In this chapter,shall have the meanings astribed to them <br /> in this section,except where the context clearly indicates a difFerent meaning. Unless specifically defined in <br /> this section,the word5 and phrases used in this chapter shall have the meanings given to them in chaoter 82. <br /> Basement means that portion of a building that is partly or completely below the existing ground le�el. <br /> A basement shall be oonsidered as a story for purposes of determining the number of stories in a building, <br /> when the finished surtaoe of the floor above the basement is more than six feet above the existing ground <br /> level for more than 50 percent of the basement's perimeter.The perimeter of the basement does not inGude <br /> partions af the house or garage that do not have a lawer level but are merely "unexcavated". Artif[cially <br /> raising the grade adjaoent to the �oundation of a structure (by filling or by a combination of fllling and <br /> retaining walls) above the surrounding natural terrain shall not be allowed as a method for converting � <br /> defined story to a defined basement,regardless of any other benefits tfl the property of such action. Finished <br /> grade that increases more than one foot from existing ground level shall be considered as artificially raising <br /> the grade. Howeve�, arfificially raising the grade when such action merely restores a previously excavated <br /> site to its original natural grade may used as a method for converting a defined story to a defined basement. <br /> Basement,walkout, means a basement having an entrance at grade levef. <br /> Half story means the uppermost floor of a building in which (i) the intersection of the exterior wall and <br /> the roof is not more than three feet sbove the floor elevation, and {ii) not more than 60 percent of the floor <br /> a�ea wi#hin the exterior walls of the uppermost floor exceeds five feet in height as measured from the floor <br /> to the rafters. Floors exceeding these parameters shall be deemed a full story. <br /> Loi area means the area of a lot in a horizontal plane bounded by the lot Ilnes, but not including any area <br /> occupied by the waters of a duly recorded lake or river or wet:and or area which has been dedicated as public <br /> right-of-way. <br /> Story means that portion of a building included befinreen the upper surface of a floor and the upper <br /> surface of the floor or roof next above. �t is measured as the vertical distance from top to top of two <br /> successive tiers of beams or finished floor surfaces and, for tt�e topmost story, from the top of the floar <br /> finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. A sfiory that <br /> meets the deflnition of a"basement"shaff be considered as a basement and not as a story for purposes of <br /> determining the number of stories in a building. <br /> DIVfSiON 2.- NONCONFORMING USES AND RELATED MATTERS <br /> Sec.78-71.-Nonconforming structures and uses. <br /> (a} General provisions. <br /> (1) Purpose. It is the purpose of this section to regulate nonconforming structur�.s and uses, and to <br /> specify those requirements, circumstances and c�nditions under which noncanforming structures <br /> and uses will be operated and maintained. The Zoning Code estab4ishes zoning districts and <br /> specific uses which are permitted within each district. It is necessary and oonsistent with the <br /> establishment of these districts that nvnconfarming structures and uses not be permitted to <br /> continus without restriction. <br /> (2) Effective date. Any structure or use lawfuliy existing upon the effecti�e date of this section shall <br /> not be, enfa�ged, expanded, extendsd, or altered in any manner which incx�eases its <br /> nonconformity, but may be continued at the size and in the manner of operation existing upon <br /> such date except as hereinafter specified or,subsequently amended.Any land or buildings which <br /> were actuaiEy and fegally devoted ta a noncanforming use on Janusry 1, 1975, and which were <br /> thereafter specifically allowed to continue said nonconforming use under the terms of a <br /> conditional use permit issued by the city council, shall be allowed to continue under the terms of <br /> said conditional use permit. <br /> Page 1 <br />