Resolution No. 10062015C Resolution to Amend City Ordinance 1001 Non-Conforming Uses and Structures
WHEREAS, the City Council met on Tuesday, October 6, 2015, to amend Ordinance 1001 to read as follows:
Section 1001.01: INTENT. It is not the intent of this section to encourage the non-conforming use of land. Non-conformities are declared by this Ordinance to be incompatible with permitted uses in the districts in which the non-conformity occurs. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land in combination shall not be expanded, extended or enlarged after passage of this Ordinance by attachment on a building or land of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.
Section 1001.02: CONTINUATION OF NON-CONFORMING USE. A nonconformity may not be expanded, extended or enlarged, but it may be continued, including through repair, replacement, restoration, maintenance, or improvement. There are two situations where a nonconformity may not be continued:
(1) the nonconformity or occupancy ceases for a period of more than one year; or
(2) the nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent, of its market value as indicated by the records of the County Assessor and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly-created impact on adjacent property or water body.
This amendment is adopted the 6th day of October 2015, and shall be effective upon publication.
CITY OF KIMBALL
/s/ By Tammy Konz, Mayor
/s/ By Nicole Pilarski, Clerk
Published in the Tri-County News Thursday, Oct. 15, 2015.