Part 3 — TYPE II NONCONFORMITIES—DETRIMENTAL

Type II nonconforming buildings and uses are those which are detrimental in the district, and they shall be terminated or removed within a specified time period. The period shall be measured from the effective date of this chapter.

A.

Buildings. Type II nonconforming buildings are as follows:

In residential districts, industrial buildings, and commercial buildings other than those specifically permitted shall be considered as type II nonconforming.

In commercial and business park districts, residential buildings not specifically permitted in the district shall be considered as type II nonconforming.

The following time limits shall be applied to all type II nonconforming buildings. This timetable is deemed to provide for the reasonable amortization of the affected buildings. Such buildings shall be removed from the land within:

1.

Type 1 and 2 construction*: Twenty (20) years from the date such building becomes nonconforming;

2.

Type 3 and 4 construction*: Fifteen (15) years (fire-resistant) from the date such building becomes nonconforming;

3.

Type 5 construction*: Ten (10) years from the date such building becomes nonconforming.

*As defined in the city building codes.

When a type II nonconforming building is removed from the land, every future building and use shall be in conformity with the provisions of this article.

B.

Uses. Type II nonconforming uses shall be those uses in any district which are expressly prohibited and those other uses which are not specifically provided for in the district.

1.

A type II nonconforming use of a conforming or a type I nonconforming building shall, within five (5) years from the date such use becomes nonconforming, be completely terminated or shall be so altered that it will be in conformity with the uses permitted in the district. Such nonconforming use shall not be expanded or extended into any other portion of the building or land upon which such building is located, and if such use is discontinued for a period of one hundred eighty (180) days, any future use of the building shall be in conformity with the uses permitted in the district.

2.

A type II nonconforming nonresidential use in a type II nonconforming building may continue for the duration of the building and may be expanded or extended throughout the building, provided no structural alterations except those required by law or ordinance shall be made therein. Further, if no structural alterations are made, a nonconforming use in such a building may be changed to permit a similar or more restricted type of nonconforming use; provided, that the new use is approved by the director.

3.

A type II nonconforming residential use in a type II nonconforming building shall, within five (5) years from the date such use becomes nonconforming, be completely terminated and may be replaced by a permitted nonresidential use, provided the new use and any necessary remodeling and structural alterations are approved by the planning commission.