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HomeMy WebLinkAboutOrdinance 1389ORDINANCE NO. /3 ,? `/ AN ORDINANCE AMENDING SECTION 17.56.010 TO ALLOW EXPANSION OF NONCONFORMING USES WHERE MORE THAN 50% OF THE STRUCTURES WITHIN THE AREA ARE OF THE SAME NONCONFORMING USE FOLLOWS: THE -PEOPLE OF THE CITY OF'CENTRAL POINT DO ORDAIN AS Section 17.56.010 of the Central Point Municipal Code is amended to read as follows: 17.56.010 Designated. A use lawfully occupying a structure or site on the effective date of the ordinance codified in this title or of amendments thereto, which does not conform to the use regulations for the district in which it is located, shall be deemed to be a nonconforming use and may be continued, subject to the following regulations: A. Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming. B. No structure, the use of which is nonconforming, shall be moved, altered or enlarged unless required by law or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. C. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. D. The planning commission may grant an application for a change of use, filed in accordance with Chapter 17.76 if, on the basis of the application and the evidence submitted, they make the following findings: 1. That the proposed use is classified in a more restricted category than the existing or pre-existing use by the district regulations of this title. The classification of a non- conforming use shall be determined on the basis of the district in which it is first permitted, provided that a conditional use shall be deemed to be in a less restricted category than a per- mitted use in the same district; 2. That the proposed use will not more adversely affect the character of the district in which it is proposed to be located than the existing or pre-existing use; 3. That a nonconforming use of a building may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of the building became nonconforming provided that no structural altera- tions, except those required by law, are made therein; 4. Nonconforming uses may be expanded, to the extent allowed by the planning commission, if more than 50% of the struc- Page 1 —Ordinance No. /✓r.? tures within 300 feet of the proposed change of use are the same as the proposed nonconforming use; in such event, said expansion shall still be required to comply with all other ordinances of the city. E. I£ a nonconforming use has been changed to a conforming use, or if the nonconforming use of a building, structure or premises ceases for a period of six months or more, said use shall be considered abandoned, and said building, structure or premises shall thereafter be used only for uses permitted as a matter of right or as a conditional use in the district in which it is located. F. If a structure containing a nonconforming use is destroyed by any cause to an extent exceeding fifty percent of the appraised value as determined by the records of the county assessor, a future structure or use on the property shall conform to the regulations for the district in which it is located. G. Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a structure for which a valid building permit exists prior to the adoption of the ordinance codified herein and subsequent amendments thereto, except that if the designated use will be nonconforming, it shall, for the purpose of subsection E, be a discontinued use if not in operation within two years of the date of issuance of the building permit. Passed by the Council and signed by me in authentication of its passage this day of %�j �.f.y 1980. r% yor ATTEST: ityEorder Approved by me this �,7 X day of h,9'-1 1980. Myer 0 Page 2 - Ordinance No.