02-21-2006 Planning Commission Packet

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a ��`�1 ��'d�'�.�c� ��:�x��f; � � �� ` � �6'�t�I�'+��`.L.�°?' �',��`��'�:. /�� t�..F`�.� �„�---.°' �' `i"Z�_�� � �. . DIVISION 2. NONCOI�TFORMING USES AND � �� 6) Any lawful nonconformi.ng use of land not RELA.TED MA'IfiERS � involving a structure and any lawful non- � *� � conform.ing use involving a structure with � � � an assessor's fair market value upon Jan- Sec. 78-71. Nonconforming uses. ,•�. � �. uary 1, 1975, of$3,000.00 or less may be Any land or buildings�vhich �vere actually and ��', � continued for a period of 36 months after legally devoted to a nonconforniing use on Janu- /�� v January 1, 1975,whereupon such noncon- ary 1, 1975, may be continued in the nonconform- �"� � formi.ng use shall cease, unless brought ing use pursuant to conditional use permit granted � into con.formity with this chapter. as specified and subject to the following proz�i- (7) Any proposed structure�vhich«�ill, under sions: this chapter, become nonconforming but �� (1) The nonconforming use may not be changed fo= w}uch a building pernut has been , �� to another nonconforming use. lawfiilly granted not more than six months � (2) Nothing in tbis chapter shall prevent the prior to January 1, 1975, may be com- placing of a structuxe in safe condition � pleted in accordance with the approved when the structure is declared unsafe b � U pl�s protizded construction is started y � � �vithi.n si�c months of January 1, 1975 and the building inspector, providi.ng the nec- � : � �� essary repairs shall not constitute more � � , continues to completion within t�vo years. `°� than 50 percent of the fair market value of Sach structure and use shall thereaf�er � �„� such structure. A structure shall include � be a legally existing nonconforming struc- C4`� such accessory features attached to the �--- ture and use. structure or located anywhere on the land, �„�,� (g) Normal maintenance of a building or other such as signs, mazquees, or monuments. stz-ucture containing or related to a lawful (3) When any lawful nonconforming use of � �s nonconformuig use is perm.itted, includ- � a.ny structure or land in any district has � � ing necessary nonstructural repairs and ��(� been changed to a conform.ing use,it shall � ,� i.ncidental alterations which do not ex-� ��,�`' not thereafter be changed to any noncon- tend or intensify the nonconforming use. forming use. (9) Alterations may be made to a building (4) Whenever a lawful nonconfor.ming struc- �F""� containing lawful nonconforming residen- ture shall have been damaged by fire, � � tial units�vhen they will improve livabil- flood, explosion, earthquake, war, riot or b �"t ity, provided they �ill not increase the act of God, it may be reconstructed and �� number of d�velling units or bulk of the �� used as before if it be reconstructed�vithin build.ing. I2 months after such calacn.ity unless the � . � damage to the building or structure is i5 _ � (10) The nonconforming use provisions of this �,�^ chapter apply only to the use to �vhich percent or more of its fair market�tralue as �, � � land and buildings are put, and do not shown on the assessment records at the � ti.me of damage, in which case the whole � � � applyto situations where location or height of the structure shall be demolished; and 6 of structures, lot size or other factors not any constz-uct�on thereafter shall be for a t.J z �z'olving the use of the premises prevent use in accordance «ith the provisions of �'° ' strict conformance w-ith the requirements this chapter. �� of this chapter. ��here, ho�vez�er, such a � �„ situation existed legally under the prior (5) Whenever a lawful nonconforming use of � � � applicable law, the council will not unrea- �� c structure or land is discontuiued and � N sonably require stri.ct compliance and will ` �� remai.as discontinued for a peziod of 12 � �� generally look with favor on granting of a J' �.� months, any future use of such structure � U variance under division 3, subdivision TI ��» or land shall be in conformity with the of this article. ' provisions of this chapter. (Code I984, § 10.03(5)) .