Ord1964 1130 - Laserfiche WebLink

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SECTION 33.8 Cessation of Use Defined. As used herein, a use shall be deemed to have ceased when it has been discontinued either temporarily or permanently, whether with or without the intent to abandon said use. SECTION 33.9 Conformance - Nonconforming Uses of Land. If any nonconforming use is located on any parcel upon which no building or structure of any kind has been constructed other than fences and structures or buildings of less than 400 square feet in area, such use may continue fOr a period of three years from the date on which the use became nonconforming. After the expir- ation of such three year period such use shall be terminated and the parcel shall thereafter be used only in conformance with the regulations of the district in which located. SECTION 33.10 Continuing Existing Structures. Except as otherwise provided in this article, any structure lawfullyexist- ing 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 where located. Any structure which may have been constructed in viola- tion of any zoning ordinance previously in effect shall be removed or modified to conform to the provisions of this ordinance. SECTION 33.11 Extension of Nonconforming Structures. (a) No nonconforming structure being used for a nonconforming use shall be enlarged, extended, or structurally altered unless a use permit is granted for such changes. To grant such a permit, the Commission shall first find that the extension is necessary to the public welfare. (b) A nonconforming structure being used for a conforming use may be enlarged, extended or structurally altered if the new portion conforms to the regulations of the district in which located and if the permitted lot coverage is not exceeded by the combined structure. SECTION 33.12 Repair of structure. Notwithstanding the provisions of section 33.11, any nonconforming structure may be repaired or altered provided that the value of the repairs or alterations performed in any 12 month period does not exceed l2~l/2 per cent of the structure's assessed valuation. For purposes of this article, assessed valuation shall be the valua- tion appearing on the latest equalized assessment roll used for the collection of City taxes. SECTION 33.13 Replacement of Destroyed or Damaged Noncon- forming Structures. Notwithstanding the foregoing, any noncon- forming structure damaged to the extent of more than half of its actual value by fire, flood, explosion, wind, earthquake, war, riot, or other public calamity or act of God, shall not be reconstructed except upon complying with all provisions of this ordinance applicable to the district where located. In the event of damage to the extent of one-half the actual value or less, the structure may be reconstructed and used to the same 70