Laserfiche WebLink
start and or diligently prosecute to completion said restoration upon application by the <br /> property owner. <br /> 5.5 In the event that a nonconforming use of a structure, or structure and land, is <br /> discontinued in whole or part, for a period of one (1) year or longer, it shall be <br /> considered abandoned. The use of the same shall thereafter conform to the use <br /> regulations of this Ordinance or subsequent amendment thereto in the district in which it <br /> is located. <br /> 5.6 Any structure, or structures and land in combination, in or on which a nonconforming use <br /> is superseded by a permitted use, shall thereafter conform to the regulations for the <br /> district in which such structure, or structure and land, is located, and the nonconforming <br /> use may not thereafter be resumed. <br /> SECTION 6 - NONCONFORMING STRUCTURE WITH CONFORMING USE <br /> 6.1 Where an existing structure devoted to a conforming use does not conform to the <br /> regulations of this Ordinance or subsequent amendment thereto for the district in which it <br /> is located, such structure may be enlarged or altered so long as such enlargement or <br /> alteration does not increase its nonconformity and is able to meet current regulatory <br /> standards. <br /> 6.2 When a structure devoted to a conforming use does not conform to the regulations of <br /> this Ordinance or subsequent amendment thereto for the district in which it is located, <br /> and said structure is damaged or destroyed by any means to an extent of seventy-five <br /> percent (75%) or more of its actual market value as determined by the City Assessor <br /> immediately prior to the time of damage or destruction, it shall be restored only in <br /> conformance with the regulations of this Ordinance-or subsequent amendment thereto. <br /> The owner of a structure seeking restoration under standards existing at the time of <br /> original construction must show proof that payment has not been received for seventy- <br /> five percent (75%) or more of the insured value of the structure. If restoration in <br /> conformance with the Ordinance or subsequent amendment thereto is not started within <br /> one (1)year of said calamity and diligently prosecuted to completion, the structure shall <br /> be removed and the area cleared. Upon demonstration of a bonafide hardship beyond <br /> the control of the property owner, the Zoning Board of Appeals may grant up to one (1) <br /> additional year to start and/or diligently prosecute to completion said restoration upon <br /> application by the property owner. <br /> 6.3 When a structure devoted to a conforming use does not conform to the regulations of <br /> this Ordinance or subsequent amendment thereto for the district in which it is located, <br /> and said structure is damaged or partially destroyed by any means to an extent of not <br /> less than twenty-five percent(25%) and not more than seventy-four percent (74%), no <br /> repairs or reconstruction shall be made unless such restoration is started within one (1) <br /> year from the date of partial destruction and is diligently prosecuted to completion. If <br /> restoration is not started within one (1) year of said calamity and diligently prosecuted to <br /> completion, the structure shall be removed and the area cleared. Upon demonstration of <br /> a bonafide hardship beyond the control of the property owner, the Zoning Board of <br /> Appeals may grant up to one (1) additional year to start and/or diligently prosecute to <br /> completion said restoration upon application by the property owner. <br /> 6.4 Should a structure devoted to a conforming use that does not conform to the regulations <br /> of this Ordinance or subsequent amendment thereto for the district in which it is located, <br /> be moved for any reason for any distance whatever, it should thereafter conform to the <br /> regulations for the district in which it is located after it is moved. <br /> 5-3 <br />