[R.O. 2008 §405.430; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5481 §1, 12-16-1996]
A.
The
lawful use of land, structures or buildings existing on or before
the adoption of this Chapter (June 10, 1991), although such use does
not conform to the provisions hereof, may be continued except as provided
herein, but if continuous operation is suspended, ceased or discontinued
for one hundred ten (110) calendar days, any further use of said premises
shall be in conformity with the provisions of this Chapter.
B.
Any
lawful structure or building existing at the time of the adoption
of this Chapter (June 10, 1991), although such structure or building
does not conform with the provisions hereof, may be continued.
C.
No
structural alterations shall be made to any such non-conforming structure
or building which will increase its degree of non-conformity except
as may be ordered or required by law or ordinance or regulations based
on law or ordinance. This shall not be construed to prohibit maintenance
and repair work necessary to keep a structure in sound condition.
D.
Abandonment Or Discontinuance. When any non-conforming use
has discontinued for a period of twelve (12) consecutive months, such
use shall not thereafter be resumed and any future use of the premises
shall be in conformity with the provisions of this Chapter.
E.
The
lawful use of a building or land existing on the effective date of
these regulations may not be changed to another non-conforming use.
Whenever the lawful use of a building becomes non-conforming through
an amendment to the Zoning Ordinance or Zoning District Map, such
use may be continued, but it may not be changed to another non-conforming
use.
F.
Any
non-conforming structure or building which has been damaged by fire,
flood, explosion, wind, earthquake, war, riot or other calamity or
act of God to an extent of more than fifty percent (50%) of the fair
market value, exclusive of land and foundations at the time of such
damage or destruction, shall not be reconstructed unless the building
or structure and the use conform with this Chapter. If less than fifty
percent (50%) damage above the foundation occurs, it may be restored,
reconstructed or used as before, provided that such restoration is
commenced within one hundred ten (110) days. If construction is not
commenced within one hundred ten (110) days, the use of said land
or structure shall thereafter conform with the provisions of this
Chapter. Fair market value shall be determined by reference to current
statutory provisions pertaining to real estate assessment and the
records of the County Assessor.
[R.O. 2008 §405.440; Ord. No. 4984 §1, 6-10-1991; Ord. No. 7433 §1, 7-9-2012]
A.
All property located within any zone that does not conform to the
standards of that zone must register with the City, on forms provided,
in order that a record of non-conforming uses may be kept. The City
shall inspect property solely for purposes of memorializing such non-conforming
use and its legality under existing ordinance. From these records,
non-conforming use property shall be grandfathered, if legal under
existing ordinance. After registration and inspection verifying same,
the property owner shall be granted a non-conforming use permit. Grandfathered
property shall be inspected on an annual basis to insure compliance
with the provisions of this Code, and it shall be a condition of the
permit that the property owner grant the City access to the dwelling
thereon for inspection purposes.
B.
All non-conforming use property must register within one hundred
twenty (120) days after any change in zoning ordinances passed by
the City Council by which they are affected. The City shall provide
notice to the affected property owners within fifteen (15) days of
such zoning ordinance change.
C.
Any property determined to be non-conforming after the one-hundred-twenty-day
period shall be deemed non-conforming, and said property shall convert
to the standards of the zone in which it is located. The City shall
take all legal steps necessary to bring non-conforming use property
found in any zone into compliance with this Chapter, where non-conforming
use permits were not granted.
