Section 4.3 Non Conforming Uses Structures


1 4.3 Non Conforming Uses and Structures - Any structure use lawfully existing upon the effective a. or this date be continued at the size and in Ordinance of may operation manner such date as the upon existing of specified. hereina fter this Ordinance shall prevent b. placing of a Nothing in the safe condition when said structure is declared in structure the Zoning Officer, providing the necessary unsafe by repairs not more than 50% of replacement value of shall constitute such structure. lawful non - conforming use any any structure or land c. When of district has been in to a conforming use, it any changed not be changed to any thereafter - conforming use. shall non A lawful d. - conforming use of a structure or parcel of land non may changed to a similar non - conforming use or to a more be non - use. Once a structure or parcel restrictive conforming has non p laced in a more restrictive land - conforming of been restrictive it return to a less not non - conforming use, shall use. Whenever a lawful non - conforming structure e. have been shall damaged fire, flood, explosion, earthquake, war, riot, or by of if it may be reconstructed and used as before act it God, reconstructed twelve is (12) months after such within unless calamity, damage to the building or structure if the fifty percent (50%) or mor e of its fair market value as shown on the records at the time of damage, in which assessment the whole shall be demolished, and any case thereof shall for a use in accordance with thereafter be construction isions of this Ordinance. the prov of a non - conforming use lawful a structure or land Whenever f. voluntarily discontinued and remains discontinued after a is by for City notice a period of thirty (30) day, any the shall use said structure or land f be in conformity future o the provisions of this Ordinance. with Any non g. - conforming use of land not involving a lawful and any lawful non - conforming use involving a structure, structure with an assessed market value upon the effective date of Ordinance of One Thousand Dollars ($1,000) or this thirty may for a period of continued - six (36) months less, be the effective date of this Ordinance, whereupon after such non conforming use shall cease, unless brought into - conformity. Any proposed structure which will, under this ordinance h. become non - conforming but for which a zoning permit has been lawfully granted, more t han six months prior to the not date of this Ordinance, may be completed in effective accordance with the approved plans; provided construction is this started six (6) months of the effective date of within Ordinance, an d continues to completion within two (2) years.

2 Such structure use shall thereafter be a legally existing and - structure and use. non conforming Normal maintenance of a building or other structure i. is or containing to a lawful non - conforming use rela ted permitted, including necessary non - structural repairs and incidental alterations which do not extend or intensify the non - use. conforming building Alterations be made j. a may c ontaining lawful non - to conforming residential units when they will improve the livability provided they will not increase the thereof, building. of dwelling units or bulk of the number

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