Agenda Packets - 2004/11/22 - Laserfiche WebLink

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1123.02 1123.04 (Rev. 4/97) b. Parking Areas for Non-Residential Uses, Allowed by Conditional Use Permit, in the R-1, R- 2, R-3, R-4 and R-5 Districts: Parking areas in existence as of the date of enactment of this Section, and having setbacks which are nonconforming with respect to setback requirements stated in Section 1104.01, subdivision 4, may continue in use and may be resurfaced and restriped, and may be reconstructed or replaced using setbacks which conform to the Section in effect at the time of original construction, except that, a parking lot being reconstructed or replaced shall be made conforming to the current setback requirements in effect at the time of reconstruction or replacement if feasible without reducing the required number of parking spaces. The feasibility of meeting the current setback requirements shall be determined by the Director of Community Development. (Ord. 590, 11-25-96) c. Day Care Centers and Group Nurseries: Day care centers and group nurseries in existence as of the date of the enactment of Ordinance 595, having a play yard less than two hundred feet (200') from the Highway 10 right-of-way line, shall not be considered a non-conforming use, and any structure or play yard on the premises may be reconstructed, expanded or enlarged as long as the setback of the play yard from the Highway 10 right-of-way line is not made less by the reconstruction, expansion or enlargement. (Ord. 595, 4-14-97) Subd. 2. Prior Construction Permits: Any proposed structure which will, under this Title, become nonconforming but for which a building permit has been lawfully granted prior to the effective date hereof, may be completed in accordance with the approved plans; provided, construction is started within sixty (60) days of the effective date hereof, is not abandoned for a period of more than one hundred twenty (120) days and continues to completion within two (2) years. Such structure and use shall thereafter be a legally nonconforming structure and use. (1988 Code §40.03) 1123.03: DISCONTINUANCE OF NONCONFORMING USE: Whenever a lawful nonconforming use of a structure or land is discontinued for a period of six (6) months, any future use of said structure or lands shall be made to conform with the provisions of this Title. (1988 Code §40.03) 1123.04: CHANGE OF NONCONFORMING USE: Subd. 1. Change to Conforming Use: When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.