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(A) Nothing in this article shall be construed to prohibit additions or alterations to a nonconforming structure that are reasonably necessary to comply with any lawful order of any public authority made in the interest of the public health, welfare, or safety.
(B) Nothing in this article shall be construed or applied so as to require the termination, discontinuance or removal or so as to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction, rebuilding, and continued use of public utility buildings, structures, equipment and facilities.
(`64 Code, Sec. 34-119) (Ord. No. 734, 767)
In all zones every nonconforming structure designed, used or intended for a use excluded from the zone may be ordered completely removed or altered and converted within a certain time in the manner provided for in connection with variances.
(`64 Code, Sec. 34-120) (Ord. No. 734)
When setting a date by which a nonconforming structure shall be removed, the commission shall estimate the reasonable, unamortized value of the nonconforming structure and determine the time within which the owner of the building will realize the reasonable unamortized value.
(`64 Code, Sec. 34-121) (Ord. No. 734)
Subject to all other provisions of this article, a building destroyed to the extent of not more than 50 % of its reasonable value by fire, explosion or other casualty, or act of God or the public enemy, may be restored, and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued.
(`64 Code, Sec. 34-122) (Ord. No. 734)
(A) When an application is received for any permit pursuant to this chapter or any building permit, the planning manager shall make a determination whether the proposed use of the land or structure pursuant to the application is consistent with the requirements of this chapter. If the planning manager's determination is that the proposed use of the land or the structure is inconsistent with this chapter because a nonconforming use or nonconforming structure may not be enlarged, increased, or extended or because of abandonment or cessation of the nonconforming use or nonconforming structure, the planning manger shall inform the applicant in writing of such determination and the facts that support such determination.
(B) If the applicant desires to appeal the planning manager's determination, the applicant must file a written appeal and the appeal fee with the director within 15 days of the mailing date or ten days of personal delivery of such written determination, whichever occurs first. Such written appeal shall set forth the specific grounds for appeal, including a summary of the facts that are in dispute. The appeal hearing shall be scheduled within a reasonable period of time after receipt of the appeal, unless the applicant agrees to a different date.
(C) At the hearing, the director shall hear evidence on the disputed facts and exercise the director's independent judgment in rendering a decision. The director may continue the hearing for good cause. Within 45 days of the close of the hearing, the director shall issue a written decision that sets forth the reasons for such decision. Such decision shall be mailed or personally delivered to the applicant.
(D) If the applicant desires to appeal the decision of the director, the applicant must file a written appeal and the appeal fee with the secretary to the commission within 15 days of the mailing date of the director's decision or within ten days of receipt of the director's decision, whichever occurs first. Such written appeal must set forth the specific grounds for appeal, including a summary of the facts that are in dispute. The appeal hearing shall be scheduled within a reasonable period of time after receipt of the appeal, unless the applicant agrees to a different date.
(E) At the appeal hearing, the commission shall review evidence on the disputed facts and exercise its independent judgment in rendering its decision. The commission may continue the hearing for good cause. The commission shall adopt a resolution setting forth its decision. The decision of the commission shall represent the final administrative process available within the city.
(Ord. No. 2770)
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