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NS-455
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Last modified
1/3/2012 1:06:12 PM
Creation date
6/26/2003 10:08:03 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-455
Date
6/20/1960
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PART VI - NON-CONFORMING BUILDINGS AND USES <br /> <br />SECTION 9260. Non-Conforming Buildings and Uses. <br /> <br />SECTION 9260.1. Maintenance. <br /> <br /> A non-conforming building or structure may be maintained, said maintenance <br />to consist of repair work necessary to keep a building or structure in sound <br />condition. <br /> <br />SECTION 9260.2. Repair and Alteration. <br /> <br /> No non-conforming building and/or use shall be added to or enlarged or <br />structurally altered in any manner unless such improvements conform in every <br />respect to the provisions of the District in which it is located. <br /> <br />SECTION 9260.3. Restoration of Damaged Buildings. <br /> <br /> A building or structure occupied by a non-conforming use and which is damaged <br />or partially destroyed by fire, flood, wind, earthquake, explosion or ar5, other <br />act of God, or by the public enemy, may be restored and the non-conforming use <br />continued, provided tluat the cost of repair or restoration does not exceed 100% <br />of the building~s or structure'sassossed value prior to the date of the damage. <br />.~ne forego%rig shall not apply to public service structures and uses such as <br />electric dSstribution and transmission substations, which are required to provide <br />immediate and uninterr pted service to the general public, However, in the <br />repair, alteration or restoration of an existing facility because of reasop~ <br />set forth'he~einabove, there shall be no increase in the areas so used or change <br />of use excepting as substantially existed as of the date the damage occurred. Any <br />increase in size of facility or increase in area so used shall require the filing <br />of the necessary Conditional Use Permit, Variance or Amendment Application as <br />prescribed in this Chapter for an original installation of the type being <br />repaired, altered or r~stored. <br /> <br />SECTION 9260.4. Discontinuance of Non-Conforming Buildings and/or Use. <br /> <br /> If for a period of twelve (12) consecutive months a non-conforming building <br />and/or use is vacant, unused or unoccupied by a non-conforming use, any subsequent <br />use must conform in every respect to the provisions of the District in which it <br />is located. <br /> <br />SECTION 9260.5. Expansion of a Non-Conforming Building and/or Use. <br /> <br /> The non-conforming use of land and/or buildings shall not be expanded on ~he <br />same or nearby property. A non-confox-~.~ng use shall not be expanded or extended <br />into any other~ part of a conformin~g b. uild. ing. <br />SECTION 9260.6. Change of a Non-Conforming Use. <br /> A non-conforming use of land and/or building shall be changed only to a similar <br />use or a use p~rmitt6d in the Distmict in which s~id use is situated. Further said <br />change in use shall not require conformance to the off-street parking provisions set- <br />forth Chapt. or provided ther~ ~s ~o ~xterior ~tructural addition, or emlarge- <br />ment~ however, in no case shall the area used for off-street parking, available at <br />the time said use became non-conforming, be reduced. <br /> <br />~ECTION 9260.7. Additional Building on Lots of Non-Conforming Use. <br /> <br /> While a non-conforming use exists on any lot no other use of a more restricted <br />classification shall be permitted even though such other use would otherwise be <br />conforming. <br /> <br />SECTION 9260.8. Completion of Buildings. <br /> <br /> Any building and/or structure for which a building permit has been issued <br />prior to the adoption of this Chapter and the construction of which has been star,ed <br /> <br /> <br />
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