01-25-1990 Public Hearing and Regular Meeting

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APPEAL OF THE ENFORCING OFFICER'S DECISION #A90-001 PAGE -Z ordinance, (#1501) and map rendered Fish's construction/fabrication activities at the Underwood facility, non-conforming. This non.-conforming status was applied to the four (4) acre portion still occupied by Fish. The remaining seventeen (17) acre section occupied by Re-Furb-Co., while also classed as non-conforming, was assigned a different classification based on their business of mobile home repair. This was the situation as of December 1989, when the Fish facility was acquired by Belmont Constructor's, Inc., an engineering and construction company which specializes in the same type of work as Fish Engineering. Belmont purchased the entire Fish facility and occupied the four (4) acre portion which has remained in continuous use as a construction/fabrication facility. This constituted a continuation of a legally established non-conforming use and was therefore perfectly proper under the City's current zoning regulations. • Belmont has subsequently come to the City and requested the right to use the large shop building and slab located on the seventeen (17) acre portion of their property. Based on the Re- Furb-Co lease, and using Section 4-202.4 of the Zoning Ordinance as a guide, the Enforcing Officer (Director of Community Development) has determined that the right of non-conforming use as a construction/fabrication shop and yard has ceased so far as the seventeen (17) acre section of the Belmont property is concerned. This is the decision being appealed by Belmont Constructor's, Inc. Belmont is also basing their appeal on Section 9-202.4 of the Zoning Ordinance. Analysis• As Section 4-202.4 lies at the heart of this appeal, it will probably be helpful to quote the section in its entirety. 4. Abandonment of Non-Conforming Use A non-conforming use, when abandoned, shall not resume. A non-conforming use is abandoned when land used for an established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the non- conforming use occurred, as evidenced by an overt act ® or a failure to act on the part of the non-conforming _ use landowner or his occupant.