Ord2004 1130-329 - Laserfiche WebLink

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04/26/2004 Administrator must first find, in addition to the findings required by Section 42.3, that at least one of the following three circumstances exist: a) The resultant use and/or project design will reduce current adverse impacts on adjacent properties and/or on the general public; or b) The resultant use and/or project design will help preserve an historic resource; or c) The expansion of the use or the enlargement of a structure housing a nonconforming use is necessary to comply with a requirement imposed by law for the operation of the particular use, including but not limited to regulations for disabled access or seismic retrofit. 33.6 Change of Nonconforming Use. A nonconforming use shall not be changed to, or substituted for, another nonconforming use unless a Use Permit is granted for such change or substitution. To grant such a Use Permit the Zoning Administrator must first find, in addition to the findings required by Section 42.3, that the resultant use will be more consistent with the uses permitted in the district than the former use. 33.7 Change to a Conforming Use. When a nonconforming use has been changed to a conforming use, the nonconforming use shall not be re-established thereafter. 33.8 Abandonment of Use. a) A nonconforming use shall not be re-established in any structure in a residential zoning district if such nonconforming use has ceased for a six (6) consecutive month period. b) A nonconforming use shall not be re-established in any structure in a nonresidential zoning district if such nonconforming use has ceased for a twelve (12) consecutive month period. c) In the event of a nonconforming use of land not involving any structure other than fences and structures or buildings of less than four hundred (400) square feet in area, the nonconforming use shall not be re- established if such nonconforming use has ceased for a period of ninety (90) consecutive days. 33.9 Continuation of Existing Structures. Except as otherwise provided in this article, any structure lawfully existing at the time of enactment of this ordinance or any amendment thereto, or at the time of inclusion of such structure within the City, may be continued even though such structure does not conform to the provisions of this ordinance for the district in which it is located. Any structure which was constructed in violation of any zoning ordinance previously in effect shall be removed or modified to conform to the provisions of this ordinance. 33.10 Enlargement of Nonconforming Structures. F:Atty/Ord/Ord.197 1130-329 012104 5 Muff # 602