Laserfiche WebLink
<br />Sec. 30-694. Discontinuance of use. <br />(a) If a nonconfonning use of any building or premises is discontinued or its nonna! <br />operation stopped for a period of twelve months, the use of the building or premises shall <br />thereafter conform to the regulations of the district in which it is located. <br />(b) If the use of a nonconfonning advertising sign structure is discontinued or its <br />nonna! operation stopped for a period of twelve months, the structure shall be removed by <br />the owner or lessor at the request of the city council. <br />(Code 1982, ~ 900.34(6); Ord. No. 99-13, ~ 1(900.34(6)),8-16-1999) <br /> <br />Sec. 30-695. Change of use. <br />(a) The lawful use of a building existing on September 4, 1980, may be continued, <br />althougb such use does not conform with the provisions of this article. If no stroctural <br />alterations are made, a nonconfonning use of a building may be changed to another <br />nonconfonning use of the same or a more restricted classification. The provisions of this <br />subsection shall also apply to nonconfonning uses in districts hereafter changed. Whenever a <br />nonconfonning use of a building has been changed to a more restricted use or to a <br />confonning use, such use shall not thereafter be changed into a less restricted use. <br />(Code 1982, ~ 900.34(7)) <br /> <br />Sec. 30-696. Residential alterations. <br />Alterations may be made to a residential building containing nonconfonning residential units <br />when they will improve the livability of such units; provided, however, that they do not <br />increase the number of dwelling units in the building. <br />(Code 1982, ~ 900.34(8)) <br /> <br />the nonconfonnity or occupancy is discontinued for a period of more than one year, <br />or <br />any nonconfonning use is destroyed by fire or other peril to the extent of greater <br />than 50 percent of its market value, and no building pennit has been applied for <br />within 180 days of when the property is damaged. In this case, a municipality may <br />impose reasonable conditions upon a building pennit in order to mitigate any newly <br />created impact on adjacent property. <br />Any subsequent use or occupancy of the land or premises shall be a confonning use or <br />occupancy. Nothing in this article shall prevent the placing of a structure in safe condition <br />when the structure is declared unsafe by the building official. <br />(Code 1982, ~ 900.34(9)) <br /> <br />Sec. 30-697. Repair, replacement, restoration, maintenance or improvement of <br />nonconfonning use <br />Any nonconfonnity existing on September 4, 1980 may be continued, including througb <br />repair, replacement, restoration, maintenance, or improvement, but not including expansion, <br />unless: <br />(1) <br /> <br />(2) <br /> <br />Sec. 30-698. Expansion of nonconfonning use <br />Permission to expand a nonconfonning use may be requested and granted pursuant to the <br />procedures and standards set forth in subdivision II of division 2 of this article, provided: <br /> <br />(1) the cost of the expansion is not in excess of 25 percent of the assessed value of the <br />improvements on the property. <br />(2) The expansion will not make the property any less compatible with adjacent <br />properties. <br />(Code 1982, ~ 900.34(10)) <br /> <br />S:\PLANNJNG\Case Files\2004\OA 04-04 City of ER Statutes\Draft Otdinance 1115 cc.doc <br />