O-1998-1501-Z-1 - Laserfiche WebLink

Browse Search

e e ORIGINAL When it has been determined by the Enforcement Officer that a non-conforming use or structure has been abandoned, notification shall be made by certified mail to the owner (as shown on the certified tax rolls) of the abandoned non-conforming use or structure. The owner or his representative seeking to maintain such non- conforming use or structure may appeal the Enforcement Officer's decision to 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 in such appeal that the structure or use has not been abandoned for a period of one hundred eighty (180) consecutive calendar days, and that the owner or his representative did not intend to abandon the non-conforming structure or use during said one hundred eighty (180) day period. Section 106-263 Non-Conforming Uses, 1) Continuance of Non-Conforming Uses subiect to this Ordinance, Subject to the provisions of this Ordinance relating to extended useful life of non- conforming uses, any non-conforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the non-conforming use on the effective date of this ordinance, provided that such land area or floor area shall not be increased, except that such limitation shall not apply for farming uses. 2) Changing a Non-Conforming Use, Any non-conforming use or structure may be changed to a use conforming to the regulations established in this ordinance for the district in which the non-conforming use or structure is located, or the non-conforming use or structure may be changed to a use or structure more conforming to the zoning district in which the non-conforming use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the non-conforming use or structure is located" shall mean a less intense use, (per the Standard Industrial Classification Code). Whether or not a use is more conforming to the zoning district in which the non-conforming use or structure is located is a question to be determined by the Planning Director, subject to appeal as provided in this Division. A non-conforming use or structure so changed shall not thereafter be returned to a non-conforming use or structure. Section 106-264 Notification of Non-conforming Status, 5