01-11-2021 Council Packet - Laserfiche WebLink

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Variance Criteria: 21. The variance shall be in harmony with the general purposes and intent of the ordinance. §1007.090 R-1, Single Family Residential District Our property is in compliance with all provisions of this ordinance with the notable exception of the setback for our deck that is the subject of this application. § 1007.041 NON -CONFORMING USES AND STRUCTURES. In reading the Chapter on Non -conforming uses, the ordinance does not distinguish between those non -conforming uses that were lawfully established and those that were not. Based on Provision 2, that reads as follows: (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or , unless: improvement, but not including expansion 1. The nonconformity or occupancy is discontinued for a period of more than one year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit the City from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. (c) Notwithstanding paragraph (a), the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in