PL PACKET 12202005 - Laserfiche WebLink

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f l SECTION 4 - NONCONFORMING USE OF LAND WITHOUT BUILDINGS 4.1 No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this Ordinance or subsequent amendment thereto. 4.2 No nonconforming use of land shall be moved in whole or part to any other portion of the lot or parcel occupied by such use at the effective date of this Ordinance or subsequent amendment thereto. 4.3 If a nonconforming use of land ceases for any reason for a period of six (6) months, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located. 4.4 Any nonconforming use of land which is superseded by a permitted use shall thereafter conform to the regulations for the district in which such land is located, and the nonconforming use of land may not thereafter be resumed. SECTION 5- NONCONFORMING USE OF STRUCTURE, OR STRUCTURE AND LAND 5.1 No existing structure, or structure and land, devoted in whole or part to a use not permitted by this Ordinance or subsequent amendment thereto in the district in which it is located shall be enlarged, extended, reconstructed, moved, or structurally altered, except in changing the use of the structure, or structure and land, to a use permitted in the district in which it is located, unless required to do so by law or ordinance, nor shall any additional structure and/or equipment be added. 5.2 Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the effective date of this Ordinance or subsequent amendment thereto, provided that such extension does not result in an intensification, enlargement, nor increase in bulk or density of the nonconforming use. No such use shall be extended to occupy any land outside such building. 5.3 When a structure, or structure and land, devoted in whole or part to a use not permitted by this Ordinance or subsequent amendment thereto, is damaged or destroyed by any means to an extent of fifty percent (50%) or more of its actual market value, as determined by the City Assessor, it shall be restored only in conformance with the regulations of this Ordinance or subsequent amendment thereto. If restoration in conformance with the regulations of this Ordinance or subsequent amendment thereto is not started within one (1) year of said calamity and diligently prosecuted to completion, the structure shall be removed and the area cleared. Upon demonstration of a bonafide hardship beyond the control of the property owner, the Zoning Board of Appeals may grant up to one (1) additional year to start and/or diligently prosecute to completion said restoration upon application by the property owner. 5.4 When a structure, or structure and land, devoted in whole or part to a use not permitted by this Ordinance or subsequent amendment thereto, is damaged or partially destroyed by any means to an extent of not less than twenty-five percent (25%) and not more than forty-nine percent (49%), no repairs or reconstruction shall be made unless such restoration is started within one (1) year from the date of partial destruction and is diligently prosecuted to completion. If restoration is not started within one (1) year of said calamity and diligently prosecuted to completion, the structure shall be removed and the area cleared. Upon demonstration of a bonafide hardship beyond the control of the property owner, the Zoning Board of Appeals may grant up to one (1) additional year to 5-2