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<br />Ordinance No. NS-XXX <br />Page 9 of 12 <br /> <br /> Section 13. Section 41-683 (Discontinuance of nonconforming building or use) <br />of Chapter 41 of the SAMC is hereby amended to read as follows: <br /> <br />Sec. 41-683. - Discontinuance of nonconforming building or use. <br /> <br />Except as provided in section 41-683.5 and 41-683.6, if a nonconforming use is <br />discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period <br />of twelve (12) consecutive months, any subsequent use must conform in every respect <br />to the provisions of this chapter, and a nonconforming building may not thereafter be used <br />or occupied until it conforms in every respect to the provisions of this chapter. <br /> <br />Section 14. Section 41-683.6 (Discontinuance of nonconforming noxious use) of <br />Chapter 41 of the SAMC is hereby added to read as follows: <br /> <br />Sec. 41.683.6. - Discontinuance of nonconforming noxious use. <br /> <br />(a) If a nonconforming use of a building regulated by Section 41-199.4 requires a new <br />certificate of occupancy for any reason other than a change in business name <br />with no change in owner of the business, legal nonconforming status shall be lost <br />and any subsequent use must conform in every respect to the provisions of this <br />chapter. <br /> <br />(b) If a nonconforming use of a building regulated by Section 41-199.4 is in violation <br />of any applicable federal, state, or local regulation for a period of sixty (60) <br />consecutive days, receives three noncompliant notices from a federal, state, or <br />local regulatory agency in a one (1) year period, or is in violation for a total of <br />ninety (90) days in a one (1) year period, legal nonconforming status shall be lost <br />and any subsequent use of the building shall conform in every respect to the <br />provisions of this chapter. <br /> <br />Section 15. Section 41-610.5 (Wall and fence requirements in the industrial and <br />commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows: <br /> <br />Sec. 41-610.5. - Wall and fence requirements in the industrial and commercial zones. <br /> <br />(a) In the industrial and commercial zones, walls and fences shall not exceed ten (10) <br />feet in height, and shall not exceed four (4) feet in height where the wall or fence <br />extends into the required front yard or any required landscaped area. <br /> <br />(b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five <br />(5) feet in height shall be erected along any property line contiguous to any <br />residentially zoned property, except that such wall shall not exceed the height <br />limitations prescribed in subsection (a) of this section. This requirement may be <br />waived by the planning commission upon a finding that the abutting property is in <br />a period of transition to nonresidential use, or that, due to special circumstances, <br />the wall would not promote the public health, safety, or welfare. <br /> <br />(c) Barbed wire is not permitted as part of a wall or fence except as follows: <br />