HomeMy WebLinkAbout0728 Nonconforming Uses of Structures 2013CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 7.:2-5
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING SECTION
18.24.050 (F) REGARDING NONCONFORMING USES NOT BEING ALLOWED TO
REBUILD IF SIXTY PERCENT DESTROYED; REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF
THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER
18.24 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN
THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBB!TCK,1DAHO•
Section 1. Repeal of Section 18.24.050 (F). Section 18.24.050 (F) is repealed causing
the section to read as follows:
18.24.050: NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES
AND LAND IN COMBINATION: If a lawful use involving land, individual structures or if a
structure and land in combination, exist at the effective date of adoption or amendment of this
title that would not be allowed in the district under the terms of this title, the lawful use may be
continued so long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a nonconforming use shall be enlarged or structurally
altered, nor any new structure erected with the result of expanding the use not permitted;
but such alteration may be made for the purpose of converting to a use permitted in the
district in which it is located.
B. No nonconforming use shall be extended to occupy any additional land area.
C. If no structural alterations are made, any nonconforming use of a structure, or structure
and land, may, upon the issuance of a conditional use permit, be changed to' another
nonconforming use; provided, that the land use and development commission shall find
that the proposed use is equally appropriate or more appropriate to the district than the
existing nonconforming use. In permitting such change, the land use and development
commission may require appropriate conditions and safeguards in accordance with other
provisions of this title.
D. Any structure, or structure and land in combination, in or on which a nonconforming use
is superseded by a permitted use shall thereafter conform to the regulations for the
district, and the nonconforming use may not thereafter be resumed.
E. When a nonconforming use of a structure, or structure and land in combination, is
discontinued or abandoned for more than one year (except when government action
impedes access to the premises), the structure, or structure and land in combination, shall
not thereafter be used except in conformity with the regulations of the district in which it
is located.
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G F. A nonconforming use of land shall be made to conform to the provisions of this title
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within a period of two (2) years after effective date of this title.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict. All other sections of Chapter 18.24 not
herein amended shall remain in effect.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this W "4- day of OL -¢ver '2013.
yen M. England, r
ATTEST:
Richard Mo • n, City Clerk
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