O-1988-1501-C - Laserfiche WebLink

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- . -20- 4. Obsolescene of Structure The right to operate and maintain any non-conforming structure shall terminate and shall cease to exist whenever the non-con- forming structure becomes obsolet~'or sub-standard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty percent (50$) of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the Enforcing Officer determines that such structure is obsolete or sub-standard. The burden of proof in showing that the structure's repair cost does'not exceed fifty percent (50$) of the replacement cost of such structure rests upon the owner of such structure. 5. Determination of Replacement Cost In determining the replacement cost of any non-conforming struc- ture there shall be included therein the cost of land or any factors other than the non-conforming structure itself. 6. Reoairs and Alterations Repairs and alterations may be made to a non-conforming building or structure; provided, however, no structural alterations shall be made except those required by-law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the non-conforming use results from there being more dwelling units on the 10t than is permissible in the district in which the bulding is located. The Board may grant as a special exception, an application to extend or enlarge a building occupied by a non-conforming use of the lot occupied by such building, provided such grant does not serve to prevent the return of such property to a conforming use. 7. Abandonment of Non-Conforming Structures A non-conforming- structure, when abandoned, shall not resume. _ A non-conforming structure is abandoned when the structure ceases to be used for a period of one hundred eighty (180) consecutive calendar days, and it is determined that an intent to abandon the non-confor.ming structure occurred as evidenced by an overt act or a failure to act on the part of the non-conforming struc- ~-- ture's landowner or his occupant. Whether or not a non-conformi~g structure ~as been abandoned is a question that- shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming structure shall have the burden of proving to the Board of Adjustment that the structure has not been vacated or used for a period of one hundred eighty (180) consecutive calendar days, an~/or that the owner or his repre- sentative did not intend to abandon the non-conforming struc- ture during the period of cessation of use of the non-conforming structure.