83-8957 Zoning Regulations(Published in The Salina Journal yCh 2.!5 , 1983)
AN ORDINANCE PROVIDING THAT NONCONFORMING USES BE PERMITTED INTERVENING
USES WHILE BEING BROUGHT INTO CONFORMITY; AMENDING SECTION 42-579 OF THE SALINA
CODE; AND REPEALING THE EXISTING SECTION.
to read as follows:
"Sec. 42-579. Nonconforming uses.
(a) Authority to continue. Any lawfully existing
nonconforming use or part or all of a structure or any lawfully
existing nonconforming use of land, not involving a structure or only
involving a structure which is accessary to such use of land, may be
continued, so long as otherwise lawful, subject to the regulations
contained in subsections (b) through (i) and Section 42-58(d).
(b) Repair, maintenance and remodelin
BE IT ORDAINED by
the Governing
Body of
the City of
Salina,
Kansas:
Section 1. That
Section 42-579
of the
Salina Code
is hereby
amended
to read as follows:
"Sec. 42-579. Nonconforming uses.
(a) Authority to continue. Any lawfully existing
nonconforming use or part or all of a structure or any lawfully
existing nonconforming use of land, not involving a structure or only
involving a structure which is accessary to such use of land, may be
continued, so long as otherwise lawful, subject to the regulations
contained in subsections (b) through (i) and Section 42-58(d).
(b) Repair, maintenance and remodelin
(c) Extension or enlargement. No structure that is devoted
in whole or in part to a nonconforming use shall be extended, expanded,
enlarged or added to in any manner unless such structure and the use
thereof conform to the regulations of the district in which it is
located. Such prohibited activities shall include without being
limited to:
(1) Extension of such use to any structure or land area
other than one occupied by such nonconforming use on
February 14, 1977 (or on the effective date of a
subsequent amendment hereto that causes such use to
become nonconforming):
(2) Extension of such use within a building or other
structure to any portion of the floor area that was not
occupied by such nonconforming use on February 14, 1977
(or on the effective date of a subsequent amendment
hereto that causes such use to become nonconforming);
provided, however, that such use may be extended
throughout any part of such building or other structure
that was lawfully and manifestly designed or arranged
for such use on such date.
(1)
Normal maintenance and incidental repair, or
replacement, installation or relocation of nonbearing
walls, nonbearing partitions, fixtures, wiring or
plumbing, may be performed on any structure that is
devoted in whole or in part to a nonconforming use;
provided, however, that it does not extend the
nonconforming use or violate any other provisions of
this article.
(2)
Nothing in this chapter shall be deemed to prevent the
strengthening or restoring to a safe condition of a
structure in accordance with an order of a public
official who is charged with protecting the public
safety and who declares such structure to be unsafe and
orders its restoration to a safe condition (where such
restoration will not be in violation of any other
provision of this article).
(3)
No structure that is devoted in whole or in part to a
nonconforming use shall be remodeled unless the entire
structure and use thereof shall thereafter conform to
all regulations of the zoning district in which it is
located.
(c) Extension or enlargement. No structure that is devoted
in whole or in part to a nonconforming use shall be extended, expanded,
enlarged or added to in any manner unless such structure and the use
thereof conform to the regulations of the district in which it is
located. Such prohibited activities shall include without being
limited to:
(1) Extension of such use to any structure or land area
other than one occupied by such nonconforming use on
February 14, 1977 (or on the effective date of a
subsequent amendment hereto that causes such use to
become nonconforming):
(2) Extension of such use within a building or other
structure to any portion of the floor area that was not
occupied by such nonconforming use on February 14, 1977
(or on the effective date of a subsequent amendment
hereto that causes such use to become nonconforming);
provided, however, that such use may be extended
throughout any part of such building or other structure
that was lawfully and manifestly designed or arranged
for such use on such date.
(d) Damage or destruction. No building or structure occupied
by a nonconforming use or nonconforming as to bulk, destroyed or
damaged by fire or other causes to the extent of fifty (50) percent
or more of last full value as shown by the assessor's records,
excluding the assessed valuation of the land, shall be repaired or
rebuilt except in conformity with these regulations; provided that
structures located on a lot that does not comply with the applicable
lot size requirements shall not in any event be required to provide
a side yard that exceeds the yard requirements in Section
42-577(a)(2) or 42-577(b)(2), whichever is applicable. Any
building, structure or any part thereof occupied by a nonconforming
use or nonconforming as to bulk, which is damaged to an extent less
than fifty (50) percent of last full value as shown by the
assessor's records, excluding the assessed valuation of the land,
may be repaired or restored provided that a zoning certificate is
obtained and substantial reconstruction is undertaken within one
year after such damage and is diligently pursued to completion.
Otherwise such building, structure or part thereof shall thereafter
be occupied only by a conforming use, and shall conform to the bulk
requirements of these regulations.
(e) Moving. No structure that is devoted in whole or in part
to a nonconforming use, shall be moved in whole or in part for any
distance whatever, to any other location on the same or any other
lot, unless the entire structure and the use thereof shall
thereafter conform to all regulations of the zoning district in
which it is located after being so moved. No nonconforming use of
land shall be moved in whole or in part for any distance whatever,
to any other location on the same or any other lot, unless such use
shall thereafter conform to all regulations of the zoning district
in which it is located after being so moved.
(f) Change in use. If no structural alterations are made, a
nonconforming use of a building may be changed to another
nonconforming use of a more restricted classification. A
nonconforming use, if changed to a conforming use or a more
restrictive nonconforming use, may not thereafter be changed back to
a less restricted use than that to which it was changed.
(g) Abandonment or discontinuance:
(1) When a nonconforming use of land, not involving a
structure, or involving only a structure which is
accessory to the nonconforming use of land, is
discontinued or abandoned, for a period of twelve (12)
consecutive months (regardless of any reservation of an
intent not to abandon or to resume such use), such use
shall not thereafter be reestablished or resumed, and
any subsequent use or occupancy of such land shall
comply with the regulations of the zoning district in
which such land is located.
(2) When a nonconforming use of a part or all of a structure
which was designed and intended for a use which is
permitted in the zoning district in which such structure
is located, regardless of how it was originally used or
is presently being used, is discontinued or abandoned
for a period of twelve (12) consecutive months
(regardless of any reservation of an intent not to
abandon or to resume such use), such use shall not
thereafter be reestablished or resumed, and any
subsequent use or occupancy of such structure shall
comply with the regulations of the zoning district in
which such structure is located.
(3) When a nonconforming use of a part or all of a structure
which was not designed and intended for any use which is
permitted in the zoning district in which such structure
is located, regardless of how it was originally used or
is presently being used, is discontinued or abandoned
for a period of twenty-four (24) consecutive months
(regardless of any reservation of an intent not to
abandon or to resume such use), such use shall not
thereafter be reestablished or resumed, and any
subsequent use or occupancy of such structure shall
comply with the regulations of the zoning district in
which such structure is located.
(h) Nonconforming accessory uses. No use which is accessory
to a principal nonconforming use shall continue after such principal
use shall cease or terminate.
(i) Nonconforming residential uses. Notwithstanding the
provisions of subsections b and c , any structure which is
devoted to a residential use and which is located in a commercial or
industrial district, may be remodeled, extended, expanded and
enlarged; provided that after any such remodeling, extension,
expansion or enlargement, such structure shall not be used to
accommodate a greater number of dwelling or lodging units than such
structure accommodated prior to any such work.
(j) Status of newly created nonconforminV uses.
Notwithstanding the provisions of subsections c and (d), any
structure which is devoted in whole or in part to a use which is
made nonconforming by the enactment of this chapter, may be
remodeled, extended, expanded, enlarged, repaired, or rebuilt;
provided, however that the provisions of this section apply only to
the use which existed on February 14, 1977.
Section 2. That the existing Section 42-579 of the Salina Code is
hereby repealed.
Section 3. That this ordinance shall be in full force and effect
from and after its adoption and publication once in the official city newspaper.
Introduced: March 14, 1983
Passed: March 21, 1983
-,�.� ,t
John F. Burgess, Acting Mayor
(SEAL)
ATTEST:
Ja4ilf-S-1c w
D. L. Harrison, City Clerk