[CC 1991 §400.580; Ord. No. 119 Art. XIV §§1 — 6, 4-30-1951]
A. The
lawful use of open land for storage purposes and advertising signs
and bulletin boards which do not conform to the provisions of this
Chapter shall be discontinued within two (2) years from April 30,
1951, and the use of land for storage purposes and advertising signs
and bulletin boards which become non-conforming by reason of a subsequent
change in this Chapter shall also be discontinued within two (2) years
from the date of the change.
B. The
lawful use of a building existing at the time of the effective date
of this Chapter may be continued although such use does not conform
to the provisions hereof. A non-conforming use of a building may be
changed to another non-conforming use of the same or of a more restricted
classification. Whenever a non-conforming use has been changed to
a more restricted use or to a conforming use, such use shall not thereafter
be changed to a less restrictive use.
C. Whenever
the use of a building becomes non-conforming through a change in the
zoning ordinance or district boundaries, such use may be continued
and if no structural alterations are made, it may be changed to another
non-conforming use of the same or of a more restricted classification.
D. In
the event that a non-conforming use of any building or premises is
discontinued for a period of two (2) years, the use of the same shall
thereafter conform to the use permitted in the district in which it
is located.
E. No
existing building or premises devoted to a use not permitted by this
Chapter in the district in which such building or premises is located,
except when required to do so by law or order, shall be enlarged,
extended, reconstructed or structurally altered, unless such use is
changed to a use permitted in the district in which such building
or premises is located.
F. When
a building, the use of which does not conform to the provisions of
this Chapter, is damaged by fire, explosion, act of God or the public
enemy to the extent of more than sixty percent (60%) of its reasonable
value, it shall not be restored except in conformity with the district
regulations of the district in which the building is situated. When
a building, the use of which does not conform to the provisions of
this Chapter, is damaged by fire, explosion, act of God or the public
enemy to the extent of less than sixty percent (60%) of its reasonable
value, it may be restored if the Board of Adjustment finds some compelling
public necessity requiring the continuance of the non-conforming use
and the primary purpose of continuing the non-conforming use is not
to continue a monopoly.
[CC 1991 §400.590; Ord. No. 119 Art. XIV §7, 4-30-1951]
A. The
Board of Aldermen may, by special permit, after public hearing authorize
under such conditions as it may determine the location of any of the
following buildings or uses or an increase in their height in a district
from which they are prohibited or limited by this Chapter.
1. Any public building erected and used by any public agency.
2. The extraction of raw materials.
3. Cemeteries and mausoleums.
4. Hospitals, clinics and institutions; provided however, that such
buildings occupy not over twenty-five percent (25%) of the total area
of the lot and will not have any serious and depreciating effect upon
the value of the surrounding property and, provided further, that
the buildings shall be set back from all yard lines a distance of
not less than two (2) feet for each foot of building height.
5. Airport or landing field.
6. Greenhouses, provided that any such structures shall not be less
than one hundred (100) feet from all property lines.
7. Roadside stands and recreational activities for temporary or seasonable
periods.
8. Wholesale storage of petroleum products in the "F" Light Industrial
District.
9. Used car lots in the "E" Commercial District and the "F" Light Industrial
District but under such requirements and restrictions that will protect
the value of adjoining property and the general welfare of the entire
City.
10. Printing shops (including newspaper publishing).
B. Before
issuance of any special permit for any of the above buildings or uses,
the Board of Aldermen shall refer the proposed application to the
Zoning Commission, which Commission shall be given thirty (30) days
in which to make a report regarding the effect of such proposed building
or use upon the character of the neighborhood, traffic conditions,
public utility facilities and other matters pertaining to the general
welfare. No action shall be taken upon any application for a proposed
building or use above referred to until and unless the report of the
Zoning Commission has been filed; provided however, that if no report
is received from the Zoning Commission within thirty (30) days, it
shall be assumed that approval of the application has been given by
said Commission.