(A) Except as otherwise provided, the use of a building, structure, premises or land lawfully existing at the time of the effective date of this chapter or at the time of a change in the official zoning maps may be continued and maintained in reasonable repair, although the use does not conform with the provisions of this chapter.
(B) However, any junkyard not in an M1 or M2 Industrial Zone as defined shall be enclosed by a sightobscuring fence of at least six feet in height within one year following adoption of this chapter. The fence shall be a wire fence with slats, wood pickets not exceeding one inch in thickness, or masonry, unless otherwise approved by the Planning Commission. All required sightobscuring fences shall be maintained throughout the life of the land use.
(Ord. 1840, passed 22894)
Nothing in this chapter shall require any change in the plans, construction, alteration or designated use of a structure on which construction has physically, lawfully and substantially commenced prior to the adoption of this chapter, provided the structure is completed within two years from the issuance of the permit.
(Ord. 1840, passed 22894)
(A) Definition. As used in this section, Alteration of a nonconforming use or structure includes:
(1) A change in the use of no greater adverse impact to the neighborhood; and/or
(2) A change in the structure or physical improvements of no greater adverse impact to the neighborhood.
(B) Minor alteration. A proposal for the alteration of 10% or less of the gross building volume of a nonconforming use or structure may be approved by the city administration as a minor variance to the provisions of this chapter.
(C) Major alteration. A proposal for the alteration greater than 10% of the gross building volume of a nonconforming use or structure may be approved by the Planning Commission subject to the provisions for conditional use permits.
(Ord. 1840, passed 22894)
The city administration may approve, as a minor variance, the restoration, reconstruction, or replacement of a nonconforming use or structure which is damaged by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy to an extent greater than 60% of the replacement value using new materials provided that the restoration is commenced within a period of one year and is diligently prosecuted to completion.
(Ord. 1840, passed 22894)
If a nonconforming use involving a structure or property is discontinued from active use for a period of one year, any subsequent use of the property or structure shall be a conforming use, unless otherwise approved by the Planning Commission through the conditional use process.
(Ord. 1840, passed 22894) Penalty, see 157.999
When reviewing any request to alter or restore a nonconforming use, it shall be determined that all of the following are found to exist:
(A) The nature and character of the proposed use are substantially the same;
(B) There is no material difference in the quality, character or degree of use; and
(C) The proposed use will not prove materially adverse to surrounding properties.
(Ord. 1840, passed 22894) Penalty, see 157.999
The granting of any approval shall not be deemed as providing any exception to all other state and local codes such as, but not limited to, fire and life safety, building or health codes.
(Ord. 1840, passed 22894) Penalty, see 157.999