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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