Ord1964 1130 - Laserfiche WebLink

Browse Search

ARTICLE 33 NONCONFORMING USES AND STRUCTURES SECTION 33.1 Purposeo To permit the continued operation of existing uses and structures which do not otherwise conform to the provisions of this ordinance while guarding against such uses becoming a threat to more appropriate development and to provide for the eventual elimination of those uses likely to be most objectionable to their neighbors. SECTION 33.2 Continuing Existing Uses. Except as otherwise provided in this article, any use lawfully existing at the time of enactment of this ordinance, or at the time of any amendment hereto, or at the time of inclusion of such use within the City, may be continued even though such use does not conform to the provisions of this ordinance for the district where located. No use established in violation of any zoning ordinance previously in effect shall be continued unless such use subsequently becomes in conformity with the provisions of this ordinance. SECTION 33.3 Conditional Uses. Any use lawfully existing at the time of enactment of this ordinance or any amendment hereto, or at the time of inclusion within the City, which is listed as a conditional use in the district where located, shall be and remain a nonconforming use until a use permit is obtained ,..except as provided in Section 42.10. SECTION 33.4 Extension of Nonconforming Use. (a) No nonconforming use shall be enlarged or extended to occupy a larger area on any parcel or within any structure unless a use permit is granted for such enlargement or extension and such enlargement or extension is necessary to comply with a requirement imposed by law for the operation of the particular use. (b) No nonconforming use shall be extended to displace a conforming use. SECTION 33.5 Change of Nonconforming Use. No nonconforming use shall 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 Commission must first find that the new use is of the same nature as the former use or of a type more consistent with the uses permitted in the district. SECTION 33.6 Change to Conforming Use. When a nonconforming use has been changed to a conforming use, the nonconforming use shall not be re- established thereafter. SECTION 33.7 Cessation of Use. (a) No nonconforming use shall be reestablished in any structure desígned for a conforming use if such non- conforming use has ceased for a six month period. (b) No nonconforming use shall be reestablished in any structure designed for a nonconforming use if such nonconforming use has ceased for a l2 month period. (c) In the event of a nonconforming use of land not involving any structure other than fences and structures or buildings of Íess than 400 square feet in area, the nonconforming use shall not be reestablished if nonconforming use has ceased for a period of 90 days. such 69