Any structure, all, or substantially all, of which is designed or intended for a use not permitted in the zone in which it is located, shall be removed and its use thereafter cease, or shall be converted to a structure designed or intended for a use permitted in the zone in which it is located in accordance with the following conditions and amortization schedules:
(A) In all residential zones any structure, all, or substantially all, of which is designed or intended for a use permitted only in a commercial or industrial zone, shall be removed, or it shall be altered and converted to a structure designed for a use permitted in the zone in which it is located within six months after the termination of the respective amortization period, as set forth below.
(B) In all commercial zones any structure, all, or substantially all, of which is designed or intended for a use permitted only in residential or industrial zones, shall be removed or shall be altered, remodeled, or converted to a structural design for a use permitted in the zone in which it is located within six months after the termination of the respective amortization period, as set forth below.
(C) In all industrial districts any structure, all, or substantially all, of which is designed or intended for a use permitted only in residential or industrial zones, shall be removed or shall be altered and converted to a structure designed for a use permitted in the zone in which it is located within six months after the termination of the respective amortization period, as set forth below.
(D) The following amortization schedules shall apply:
(1) In cases where the actual cash value, as determined by the official County tax assessment and equalization rate is $15,000 or more the following schedule shall be used in accordance with the types of construction herein specified:
(a) Fire-resistive or mill construction: Forty years from the date of building permit or 20 years from the effective date of this chapter, whichever last occurs.
(b) Ordinary or noncombustible frame construction: Thirty-five years from the date of building permit, or 18 years from the effective date of the zoning ordinance, whichever last occurs.
(c) Wood frame construction. Thirty years from the date of building permit, or 15 years from the effective date of this chapter, whichever last occurs.
(2) In cases where the actual cash value, as determined by the official County Tax assessment and equalization rate, is $5,000 or more but less than $15,000, the schedule shall be 15 years from the date of building permit or ten years from the effective date of this chapter, whichever last occurs.
(3) In cases where the actual cash value, as determined by the official County Tax assessment equalization rate, is less than $5,000, the schedule shall be five years from the date of building permit, or three years from the effective date of this chapter, whichever last occurs.
(4) Any non-conforming use of building or structure having an assessed valuation not in excess of $500 on the effective date of this ordinance shall be removed after two years.
(5) Any nonconforming use of land where no enclosed building is involved or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building shall be removed after a period of two years.
(6) Elimination of nonconforming uses.
(a) In all residential zones any use of a structure, all or substantially all, of which is designed or intended for a use permitted only in a residential zone, but is being used for a use permitted only in a commercial or an industrial zone, shall be terminated within five years of the effective date of this chapter.
(b) In all commercial zones any use of a structure, all, or substantially all, of which is designed or intended for a use permitted only in a commercial zone, but is being used for a use permitted only in a residential or an industrial zone, shall be terminated within ten years of the effective date of this chapter.
(c) In all industrial districts any use of a structure, all, or substantially all, of which is designed or intended for a use permitted only in an industrial district, but is being used for a use permitted only in a residential or a commercial district, shall be terminated within 15 years of the effective date of this chapter.
(d) The nonconforming use of land shall be discontinued and cease three years from the effective date of this chapter in each of the following cases:
1. Where no structures are employed in connection with such uses;
2. When the only structures or other physical improvements are accessory or incidental to such use.
(e) A nonconforming use of land which is accessory to the nonconforming use of the structure shall be discontinued on the same date the non-conforming use of the structure is discontinued.
(f) Improvements underground or substantially at ground level, which comprise all, or substantially all, of the improvements employed in a nonconforming use of land, shall be deemed a non-conforming structure and shall be subject to the applicable provisions of this part.
(Ord. 77-08, passed 6-28-77) Penalty, see § 157.999