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ARTICL~E 22. ~Non-'Conforming 'Uses, Structures, and Sings.
<br />
<br /> Sec. 22.100. Purposes.
<br />This article is intended to limit the number and extent of non-con-
<br />forming uses by prohibiting their enlargement, their re-establish-
<br />ment after abandonment, and the alteration or restoration after
<br />destruction of the structures they occupy. While permitting the use
<br />and maintenance of non-conforming structures and signs, this article
<br />is intended to limit the number and extent of non-conforming struc-
<br />turos and certain, non-conforming signs by prohibiting their being
<br />moved, altered, or enlarged in a manner that would increase the
<br />discrepancy between existing conditions and the standards prescrib-
<br />ed in this chapter and by prohibiting their restoration after destruc-
<br />tion. Eventually, certain classes of non-conforming uses, non-con-
<br />forming structures of nominal value, and certain non-conforming
<br />signs are to be eliminated or altered to conform.
<br />
<br />Sec. 22.101. Continuation and Maintenance.
<br /> a. A use, lawfully occupying a structure or a site on the effective
<br /> date of this ordinance, or of amendments thereto, that does not
<br /> conform with the use regulations or the site area per dwelling
<br /> unit regulations for the district in which the use is located shall
<br /> be deemed fo be a non-conforming use and may be continued,
<br /> except as otherwise provided in this article.
<br /> b. A structure, lawfully occupying a site on the effective date
<br /> of this ordinance, or of amendments thereto, that does not con-
<br /> form with the standards for front yard, side yards, rear yard,
<br /> height, or basic floor area of structures, distances between struc-
<br /> tures, courts, or usable open space for the district in which the
<br /> structure is located shall be deemed to be a non-conforming
<br /> structure and may be used an.d maintained, except as otherwise
<br /> provided in this article.
<br /> c. A sign, outdoor advertising structure, or display of any char-
<br /> actor, lawfully occupying a site on the effective date of this
<br /> ordinance, or of amendments thereto, that does not conform
<br /> with the standards for subject matter, location, size, lighting,
<br /> or movement prescribed for signs, outdoor advertising struct-
<br /> ures, and displays for the district in which it is located shall
<br /> be deemed to be a non-conforming sign and may be displayed
<br /> and maintained, except as otherwise provided in this article.
<br /> d. Routine mainteance and repairs may be performed on a struc-
<br /> ture or site the use of which is non-conforming, on a non-eon-
<br /> forming structure, and on a non-conforming sign.
<br />
<br />Sec. 22.102. Alterations and Additions to Non,Conforming Uses,
<br />structures, and Signs.
<br /> a. No structures, the use of which is non-conforming, and no non-
<br /> conforming sign shall be moved, altered, or enlarged unless re-
<br /> quired by law, or unless the moving, alteration, or enlargement
<br /> will result in the elimination of the non-conformity, except that a
<br /> structure housing a non-conforming residential use in an A, R,
<br /> O, or C district may be altered or enlarged, provided that the
<br /> number of dwelling units is not increased.
<br /> b. No structure partially occupied by a non-conforming use shall
<br /> be moved, altered, or enlarged in such a way as to permit the
<br /> enlargement of the space occupied by the non-conforming use,
<br /> except as permitted in this section.
<br /> c. No non-conforming use shall be enlarged or extended in such
<br /> a way as to occupy any part of the structure or site or another
<br /> structure or site which it did not occupy on the effective date
<br /> of this ordinance or of the amendments thereto that caused
<br /> it to become a non-conforming use, or in such a way as to dis-
<br /> place any conforming use occupying a structure or site, except
<br /> as permitted in this section.
<br /> d. No non-conforming structure shall be altered or reconstructed
<br /> so as to increase the discrepancy between existing conditions
<br /> and the standards for front yard, si'de yards, rear yard, height
<br /> of structures, distances between structures, courts, or usable
<br /> open space prescribed in the regulations for the district in
<br /> which the structure is located. No non-conforming structure
<br /> shall be moved or enlarged unless the new location or enlarge-
<br /> ment shall conform to the standards for front yard, side yards,
<br /> rear yard, height of structures, basic floor area, distances be-
<br /> tween structures, courts, or usable open space prescribed in
<br /> the regulations for the district in which the structure is located.
<br /> e. The non-conforming use of a structure or site shall not be
<br /> changed to another non-conforming use.
<br /> f. No use which fails to meet the required conditions for the
<br /> district in which it is located by reason of noise, emissions, odor,
<br /> vibration, heat, cold, glare, electrical disturbance, radiation, in-
<br /> sect nuisance, or waste disposal, shall be enlarged or extended
<br />
<br /> or shall have equipment that results in failure to meet required
<br /> conditions replaced unless the enlargement, extension, or re-
<br /> placement will result in elimination of non-conformity with re-
<br /> quired conditions.
<br />
<br />Sec. 22.103. Abandonment of Non-Conforming Use.
<br />Whenever a non-conforming use has been abandoned, discontinued,
<br />or changed to a conforming use for a continuous period of 90 days
<br />or more, the non-conforming use shall not be re-established, and
<br />the use of the structure or site thereafter shall be in conformity
<br />with the regulations for the district in which it is located, provided
<br />that this section shall not apply to non-conforming dwelling units.
<br />Abandonment or discontinuance shall include cessation cf a use
<br />regardless of intent to resume the use.
<br />
<br />Sec. 22.104. Restoration of a Damaged Structure.
<br /> a. Whenever a structure which does not comply with the standards
<br /> for front yard, side yards, rear yard, height of structures, dis-
<br /> tances between structures, courts, or usable open space pre-
<br /> scFxbed in the regulations for the district in which the structure
<br /> is located, or the use of which does not conform with the reg-
<br /> ulations for the district in which it is located, is destroyed by
<br /> fire or other calamity, by the act of God, or by the public
<br /> enemy to the extent of 50 per cent or less, the structure may
<br /> be restored and the non-conforming use may be resumed, pro-
<br /> vided that restoration is started within one year and diligently
<br /> pursued to completion.
<br /> b. Whenever a structure which does not comply with the stand-
<br /> ards for front yard, side yards, rear yard, height of structures,
<br /> distances between structures, courts, or usable open space pre-
<br /> scribed in the regulations for the district in which it is located,
<br /> or the use of which does not conf6rm with the regulations for
<br /> the district in which it is located, is destroyed by fire or other
<br /> calamity, by act of God, or by the public enemy to an extent
<br /> greater than 50 per cent, or is voluntarily razed or is required
<br /> by ]aw to be razed, the structure shall not be restored except
<br /> in full conformity with the regulations for the district in which
<br /> it is located, and the non-conforming use shall not be resumed.
<br /> c. The extent of damage or partlal destruction shall be based upon
<br /> the ratio of the estimated cost of restoring the structure to its
<br /> condition prior te such damage or partial destruction to the
<br /> estimated cost of ,duplicating the entire structure as it existed
<br /> prior thereto. Estimates for this purpose shall be made by or
<br /> shall be reviewed and approved by the Director of Public Works.
<br />
<br />Sec. 22.105. Elhnination of Non-Conforming Uses, Structures, and
<br />Signs.
<br />Non-conforming uses, structures, and signs listed in the following
<br />table shall be discontinued and removed from their sites, altered
<br />to conform, or altered as prescribed to decrease the degree of non-
<br />conformity, within the specified time after they become non-con-
<br />forming.
<br /> Maximum time permitted for
<br /> removal or alteration after use
<br /> Removal or alteration required, becomes non-conforming
<br />
<br /> Removal or alteration of a non-conforming
<br /> fence, walI, or hedge. 1 year.
<br /> Removal of a non-conforming business or
<br /> advertising sign or structure in an R
<br /> district. 1 year.
<br /> Removal of a non-conforming sign painted
<br /> on a wail. 1 year.
<br /> Removal or alteration of a sign having
<br /> non-conforming lighting or movement. 1 year.
<br /> Removal of a non-conforming advertising sign
<br /> or structure in an A, O, C, I, Q, P,
<br /> S, or PUD district. 2 years.
<br /> Removal of a non-conforming use that does
<br /> not occupy a structure or a use occupying
<br /> a structure having an assessed valuation
<br /> of less than $500. 3 years.
<br /> Compliance with screening and landscaping
<br /> provisions of Article 2 for district in
<br /> which use is located, provided that
<br /> removal or alteration of a non-conform.
<br /> lng structure having an assessed valua-
<br /> tion of $500 or more shall not be required. 3 years.
<br /> Compliance with Sec. 15.103. h, i, ],
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