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11-24-14 Council Packet
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11-24-14 Council Packet
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1/15/2015 3:48:19 PM
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City Council
Council Document Type
Council Packet
Meeting Date
11/24/2014
Council Meeting Type
Regular
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GENERAL PROVISIONS <br />§ 1007.040 PURPOSE. <br />The purpose of this section of the Zoning Ordinance is to establish general development <br />performance standards. These standards are intended and designed to assure compatibility of <br />uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and <br />general welfare of the residents of the community. <br />§ 1007.041 NON -CONFORMING USES AND STRUCTURES. <br />(1) Purpose. It is the purpose of this section to provide for the regulation of non- <br />conforming buildings, structures and uses and to specify those requirements, circumstances, and <br />conditions under which non -conforming buildings, structures and uses will be operated and <br />maintained The Zoning Ordinance establishes separate districts, each of which is an appropriate <br />area for the location of uses which are permitted in that district. It is necessary and consistent <br />with the establishment of these districts that non -conforming buildings, structures and uses not <br />be permitted to continue without restriction. Furthermore, it is the intent of this section that all <br />non -conforming uses shall be eventually brought into conformity. <br />(2) Provisions. <br />(a) Any nonconformity, including the lawful use or occupation of land or premises <br />existing at the time of the adoption of an additional control under this chapter, may be continued, <br />including through repair, replacement, restoration, maintenance, or improvement, but not <br />including expansion, unless: <br />1. The nonconformity or occupancy is discontinued for a period of more than one <br />year; or <br />2. Any nonconforming use is destroyed by fire or other peril to the extent of greater <br />than 50 percent of its market value, and no building permit has been applied for within 180 days <br />of when the property is damaged. In this case, the City may impose reasonable conditions upon a <br />building permit in order to mitigate any newly created impact on adjacent property. <br />(b) Any subsequent use or occupancy of the land or premises shall be a conforming use <br />or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities <br />reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or <br />safety. This subdivision does not prohibit the City from enforcing an ordinance that applies to <br />adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by <br />ordinance <br />(c) Notwithstanding paragraph (a), the City shall regulate the repair, replacement, <br />maintenance, improvement, or expansion of nonconforming uses and structures in floodplain <br />3-1 <br />
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