HomeMy WebLinkAboutOrdinance 1451ORDINANCE NO. 141
AN ORDINANCE MAKING AN ADDITION TO THE
CENTRAL POINT MUNICIPAL ZONING CODE
ON NON-CONFORMING USES
WHEREAS, Central Point Municipal Code Chapter 17.88
authorizes amendments to the zoning text, and
WHEREAS, the City Council has determined that the
amendments as set forth herein are just and equitable and in
the best. interests of the citizens of the City of Central Point,
now, therefore,
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN as
follows:
Section 1. Section 17.56.060 is hereby amended to
read as follows:
17.56.060 Regulations pertaining to Class A and
Class B Nonconforming Uses.
A. The following regulations shall apply to all
designs-~ed_Class A nonconforr..ling uses and str_uctul-~s:
1. Class A nonconforming uses and structures shall
be permitted to continue in accordance with provisions
and requirements of the most restrictive zoning dis-
trict 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 other-
wise be physically or structurally improved, provided
such improvements are in accordance with all existing
codes.
3. A Class A nonconforming use shall not be resumed
if it has been discontinued for a continuous period of
at least twelve (12) 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.
Ordinance No. 1451 _ page 1
5. If a nonconforming structure, or structure
containing a nonconforming use, is destroyed by any
cause to an extent exceeding fifty percent of the ap-
praised 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.
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 build-
ing permit existed prior to the adoption of this or-
dinance, 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 issuar~~e Qf-the: building-perrimit.
The owner of such discontinued use may apply for re-
instatement 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 nonconforming, shall be moved, altered or en-
larged, nor shall the floor space allocated to a non-
conforming use be moved, altered or enlarged, unless
required by law or unless such moving, alteration or
enlargement will result in the elimination of the non-
conforming 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 pre-existing use.
(b) That a nonconforming
extended throughout those
were designed or arranged
date when such use became
that no structural altera
those required by law.
use of a building may be
parts of a building which
for use prior:to the
nonconforming, provided
lions are made other than
Ordinance No. 1451 -.page 2
4. If a Class B nonconforming structure, or
structure containing a nonconforming use, is destroyed
by a 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, or if the nonconforming use of .any
building, structure or premises ceases for a period of
six months or more, said use shall be considered aban-
doned, 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 distr~Ct in,whi.c.h
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 this ordinance,
except that if the use will be nonconforming and desig-
nated Class B, it shall be subject to all appropriate
provisions of this section and shall be considered dis-
continued if not in operation within one year of the
date of issuance of the building permit. Such discon-
tinued use shall thereafter be used for uses permitted
or conditionally permitted in the district in which it
is located.
Passed by the Council and signed by me in authentication
of its passage this 28th day of January 1982..
~-
Mayor
ATTEST:
./~
~Y City,, ecorder
Approved by me this
1982.
c~ ~--~
~~ day o f ~~~-~,~~ ,
~_
~~9
.Mayor
Ordinance No. 1451 - page 3