Ordinance 2095-95 - Laserfiche WebLink

is hereby amended to read: Abatement of Illegal Uses, Structures or Lots. Any use, structure, or lot which did not comply with the Zoning Code requirements at the time it was established or constructed and does not comply with the current Zoning Code is illegal and shall be brought into compliance with the provisions of the Zoning Code. Section 3. Section 38.030 of Ordinance#1671-89,which reads: Abatement of Illegal Uses,Buildings or Lots, Any use,building, or lot which did not comply with the Zoning Code requirements at the time it was established or constructed is illegal and shall be brought into compliance with the provisions of this Ordinance. is hereby amended to read: Nonconforming use. A. Continuation.A nonconforming use is transferable to a new owner or tenant;provided, that the use is not expanded or discontinued as provided in subsection B of this section and may continue and need not be brought into conformance with this Ordinance unless a specific provision of the Zoning Code otherwise requires conformance(see the sections of the Zoning Code concerning nonconforming adult use businesses in EMC 19.39,nonconforming signs in EMC 19.36,and nonconforming landscaping in EMC 19.35). B. Discontinuation. Except as provided in Section 38.100(Nonconforming Grocery Stores in Residential Zones), any use which is nonconforming and has ceased for a period of two or more years shall lose such nonconforming status. All subsequent use of the property or building shall be a use which conforms with the requirements of the Zoning Code. C. Change.A nonconforming use may be changed to another use only if such use is not more nonconforming than the existing nonconforming use and provided the nonconforming use has not been discontinued for a period of more than two(2)years. The new use shall be approved using Review Process II.B and the evaluation criteria required for the expansion of nonconforming uses listed in Section 38.090. D. Expansion A nonconforming use may be expanded up to 25% in building area, land area and/or parking area Using Review Process II.B and the evaluation criteria in Section 38.090. A nonconforming use may be expanded over 25% in building area, land area and/or parking area if approved using Review Process III.B and the evaluation criteria of Section 38.090. Under no circumstances shall the expansion result in the following: 1. Increasing the number of dwelling units further above the maximum allowed by the Zoning Code; or 2. Decreasing the number of off-street parking spaces further below the minimum required by the Zoning Code.