Laserfiche WebLink
501492v1 SJS NE136-8 <br />(1) Type 1. The nonconforming use of land that is vacant, or has no structure, or improvement or <br />combination thereof with an assessor's market value over $1,000. <br /> <br />(2) Type 2. Any use of a structure that is not a use permitted in the zoning district where located <br />as provided for in Chapters 4, 5, and 6. <br /> <br />(3) Type 3. Any use of land not necessary or customarily incidental to the principal use of the <br />structure located on such land where such use of land is not a use permitted in the zoning district <br />where located as provided for in Chapters 4, 5, and 6. <br /> <br />(4) Type 4. Any structure or use of land not included in Type 1, Type 2 or Type 3. <br /> <br />Sec. 8-430. Regulations as to Type 1 Nonconformities. <br /> <br />(1) No such use shall be expanded or enlarged to use more land area. <br /> <br />(2) No such use shall be moved to a different area within the parcel of land. <br /> <br />(3) No such use shall be reestablished if the use has been discontinued for one or more months. <br /> <br />(4) No structure or improvement shall be enlarged or replaced. <br /> <br />(5) Type 1 nonconformities may continue for a period of twelve months from February 13, 1975, <br />whereupon such nonconforming use shall cease. <br /> <br />Sec. 8-440. Regulations as to Type 2 Nonconformities. <br /> <br />(1) No such structure shall be expanded, enlarged, replaced, or located except in changing the <br />use to a permitted use. <br /> <br />(2) Any existing nonconforming use may be extended throughout any part of the structure which <br />is manifestly arranged or designed for such use but no such use shall be extended to occupy any <br />land outside such structure. No such use shall be expanded. <br /> <br />(3) No such use shall be reestablished if the use has been discontinued for six or more months. <br /> <br />(4) Removal or destruction of such structure shall terminate the right to continue any <br />nonconforming use of the premises. <br /> <br />(5) Any such use may be changed to another nonconforming use with permission of the City <br />Council. The permission shall only be granted upon the City Council's finding that the proposed <br />use is equally or more appropriate to the zoning district than the present use and that the impact <br />of the nonconformity on adjacent premises will not be increased. The procedure (not conditions) <br />shall be the same as that for a variance, Section 8-220. The fee for processing a nonconforming <br />use shall be established by resolution. The City Council may require plans or other evidence <br />regarding the present and proposed use.