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HomeMy WebLinkAboutOrdinance 1762ORDINANCE NO. 1762 AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE SECTION 17.56.060 PERTAINING TO NON-CONFORMING STRUCTURES THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. Central Point Municipal Code Section 17.56.060 is hereby amended to read as follows: 17.56.060 Regulations pertaining to Class A and B non- conformina uses. A. The following regulations shall apply to all designated Class A nonconforming uses and structures: 1. Class A nonconforming uses and structures shall be permitted to continue in accordance with the provisions and requirements of the most restrictive zoning district in which the use or structure would normally be listed as a permitted use; or conditional use if not listed as a permitted use in any district; 2. Existing legal nonconforming structures and uses shall be permitted to expand, remodel, or otherwise be physically or structurally improved, provided such improvements are in accordance with all applicable codes in effect at the time of the improvements; 3. A Class A nonconforming use shall not be resumed if it has been discontinued for a continuous period of at least twelve months or if it has been changed to a conforming use for any period; 4. No Class A structure or property shall be used, altered or enlarged in violation of any condition that was imposed by the planning commission or city council at the time of its designation as Class A; 5. If a nonconforming structure, or 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 that property shall conform to the regulations for the district in which it is located; provided, 6. 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 existed prior to the adoption of the ordinance codified in this title, except that if the use will be nonconforming and designated Class A, it shall be subject to all appropriate provisions of this section and shall be considered discontinued if not in operation within one year of the date of issuance of the building permit. The owner 1 - ORDINANCE N0. 1762 (010397) of such discontinued use may apply for reinstatement of the Class A nonconforming use designation by following the procedure established in 17.56.040(B). B. The following regulations shall apply to all designated Class B nonconforming uses and structures: 1. Routine maintenance, upkeep, and structural repairs may be performed on a Class B nonconforming use, site or structure; 2. In no case shall a nonconforming use be enlarged or otherwise expanded, and no structure, the use of which is non- conforming, shall be moved on the lot, altered or enlarged, nor shall the floor space allocated to a nonconforming use be moved, altered or enlarged, unless required by law or unless such moving on the lot, alteration or enlargement will result in the elimination of the nonconforming use; 3. The planning commission, or city council, on appeal, 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, the following findings are made: a. That the proposed use will not more adversely affect the character of the district or neighborhood in which it would be located than did the existing or preexisting use; b. That a nonconforming use of a building may be extended throughout those parts of a building which were designed or arranged for such use prior to the date when such use became nonconforming; provided, that no structural alterations are made other than those required by law; 4. If a Class B nonconforming structure, or 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, any future structure or use on that property shall conform to the regulations for the district in which it is located; 5. If any Class B nonconforming use has been changed to a conforming use, of if the nonconforming use of any 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; 6. 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 existed prior to the adoption of the ordinance codified in this title, except that if the use will be nonconforming and designated Class B, it shall be subject to all appropriate provisions of this section and shall be considered discontinued if not in operation within one year of the date of issuance of the building permit; 7. If a Class B nonconforming structure containing a nonconforming use is removed from a lot, any future structure on that property shall conform to the regulations for the district in which the lot is located. Section 2. An emergency is hereby declared to exist, and this ordinance shall take effect immediately upon passage. Passed by the Council and signed by me in authentication of its passage this ~~~!'^ day of March , 1997. Mayor Rusty McGrath ATTEST: J ,~ tip. ~ _,~_. CCk-.t-~..CL~.r-C,K ~r I'~ City Representative Approved by me this 1%~%'~ day of ~i~~" ~~~"~ 1997. ~~~. __\ ~~~~~~ Mayor Rusty McGrath 3 - ORDINANCE NO. 1762 (010397)