52 - NONCONFORMING BUILDINGS AND USES
Sections:
The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses existing on the effective date of the ordinance codified in this title:
A.
Any such nonconforming building or structure may be continued and maintained; provided, that there is no physical change other than necessary maintenance and repair in such building or structure except as permitted in other sections of this title;
B.
Any such nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area, space or volume, occupied or devoted to such nonconforming use, except as otherwise provided in this title;
C.
Any part of a building, or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use;
D.
Any part of a building, structure or land occupied by such a nonconforming use, which use is abandoned, shall not again be used or occupied for a nonconforming use. Any part of a building, structure or land occupied by such a nonconforming use which use has ceased for a period of one (1) year or more, shall not again be used or occupied for a nonconforming use.
E.
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification;
F.
Every nonconforming use of land (where no main building is involved) existing on the effective date of the ordinance codified in this title shall be discontinued within three (3) years from such effective date except that this provision shall not apply to public utility structures of companies under the jurisdiction of the Public Utilities Commission of the state;
G.
Any sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained on the effective date of the ordinance codified in this title may be continued, although such use does not conform with the provisions of this title; provided, however, that no structural alterations are made thereto; and provided further, that all such nonconforming signs, billboards, commercial advertising structures or statuary and their supporting members, shall be completely removed from the premises not later than three (3) years from the effective date of the ordinance codified in this title;
H.
Anything in this title to the contrary notwithstanding, land which is being used or heretofore has been used, for the drilling for, production of or handling of oil, gas and other hydrocarbons, may continue in such use regardless of the land use zone in which it is located, and such use shall not be considered a nonconforming use in such zone; provided, that this exception to the nonconforming use provisions of this title shall not apply to oil wells, oil well structures, appurtenances or equipment which have been abandoned and the use thereof discontinued for a period of twelve (12) successive months.
(Ord. 51 §2905, 1965).
The provisions of Section 17.52.010 shall also apply to buildings, structures, land or uses which after the effective date of the ordinance codified in this title become nonconforming due to any reclassification or zones under this title or any subsequent change in the regulations of this title; provided, however, that where a period of years is specified in Section 17.52.010 for the removal of nonconforming buildings, structures or uses, such period shall be computed from the date of such reclassification or change.
(Ord. 51 §2906, 1965).
Any building or structure for which the effective date of the ordinance codified in this title may be completed and used in accordance with the plans, specifications and permits on which such building permit was granted, if construction is commenced within sixty (60) days after the issuance of such permit and diligently prosecuted to completion.
(Ord. 51 §2907, 1965).
Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God, subsequent to the effective date of the ordinance codified in this title, wherein the expense of such reconstruction does not exceed one hundred fifty percent (150%) of the assessed value of the building or structure at the time such damage occurred. All such reconstruction shall be performed under one (1) building permit, started within a period of one (1), year from date of damage and diligently prosecuted to completion.
(Ord. 51 §2908, 1965).
The provisions of this title shall apply to uses which become nonconforming by reason of any such amendments to this title, as of the effective date of such amendment.
(Ord. 51 §2609, 1965).
52 - NONCONFORMING BUILDINGS AND USES
Sections:
The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses existing on the effective date of the ordinance codified in this title:
A.
Any such nonconforming building or structure may be continued and maintained; provided, that there is no physical change other than necessary maintenance and repair in such building or structure except as permitted in other sections of this title;
B.
Any such nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area, space or volume, occupied or devoted to such nonconforming use, except as otherwise provided in this title;
C.
Any part of a building, or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use;
D.
Any part of a building, structure or land occupied by such a nonconforming use, which use is abandoned, shall not again be used or occupied for a nonconforming use. Any part of a building, structure or land occupied by such a nonconforming use which use has ceased for a period of one (1) year or more, shall not again be used or occupied for a nonconforming use.
E.
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification;
F.
Every nonconforming use of land (where no main building is involved) existing on the effective date of the ordinance codified in this title shall be discontinued within three (3) years from such effective date except that this provision shall not apply to public utility structures of companies under the jurisdiction of the Public Utilities Commission of the state;
G.
Any sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained on the effective date of the ordinance codified in this title may be continued, although such use does not conform with the provisions of this title; provided, however, that no structural alterations are made thereto; and provided further, that all such nonconforming signs, billboards, commercial advertising structures or statuary and their supporting members, shall be completely removed from the premises not later than three (3) years from the effective date of the ordinance codified in this title;
H.
Anything in this title to the contrary notwithstanding, land which is being used or heretofore has been used, for the drilling for, production of or handling of oil, gas and other hydrocarbons, may continue in such use regardless of the land use zone in which it is located, and such use shall not be considered a nonconforming use in such zone; provided, that this exception to the nonconforming use provisions of this title shall not apply to oil wells, oil well structures, appurtenances or equipment which have been abandoned and the use thereof discontinued for a period of twelve (12) successive months.
(Ord. 51 §2905, 1965).
The provisions of Section 17.52.010 shall also apply to buildings, structures, land or uses which after the effective date of the ordinance codified in this title become nonconforming due to any reclassification or zones under this title or any subsequent change in the regulations of this title; provided, however, that where a period of years is specified in Section 17.52.010 for the removal of nonconforming buildings, structures or uses, such period shall be computed from the date of such reclassification or change.
(Ord. 51 §2906, 1965).
Any building or structure for which the effective date of the ordinance codified in this title may be completed and used in accordance with the plans, specifications and permits on which such building permit was granted, if construction is commenced within sixty (60) days after the issuance of such permit and diligently prosecuted to completion.
(Ord. 51 §2907, 1965).
Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God, subsequent to the effective date of the ordinance codified in this title, wherein the expense of such reconstruction does not exceed one hundred fifty percent (150%) of the assessed value of the building or structure at the time such damage occurred. All such reconstruction shall be performed under one (1) building permit, started within a period of one (1), year from date of damage and diligently prosecuted to completion.
(Ord. 51 §2908, 1965).
The provisions of this title shall apply to uses which become nonconforming by reason of any such amendments to this title, as of the effective date of such amendment.
(Ord. 51 §2609, 1965).