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9495-04 Repealing and Replacing Chapter 21, Article 1 though 11 - The City of South Bend Zoning Ordinanace
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9495-04 Repealing and Replacing Chapter 21, Article 1 though 11 - The City of South Bend Zoning Ordinanace
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Last modified
12/13/2010 9:39:33 AM
Creation date
4/17/2008 9:44:31 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
4/12/2004
Ord-Res Number
9495-04
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Section 21-01.03 <br />Nonconforming Lots, Uses, Buildings, Structures or Signs <br />but not from a use listed in one of the various districts of Section 21-03 <br />Commercial /Mixed Use Districts to a use listed in one of the various districts of <br />Section 21-02 Residential Districts), provided all other regulations of this Section <br />are complied with. <br />(g) Discontinuation of Legally Established Nonconforming Uses of Land <br />If any legally established nonconforming use of land is: <br />(1) abandoned for any period of time; or, <br />(2) discontinued for more than twelve (12) consecutive months (except when a <br />probate related court order or government action impedes access to the premises), <br />any subsequent use of such land shall conform to the provisions of this Ordinance. <br />(h) Legally Established Nonconforming Uses Within Legally Established <br />Nonconforming Buildings or Structures <br />If any legally established nonconforming use is located within a legally established <br />nonconforming building or structure and such legally established nonconforming <br />building or structure becomes unsafe or unlawful by reason of physical condition and is <br />razed, the legally established nonconforming use previously being conducted in such <br />legally established nonconforming building or structure shall be extinguished and no <br />longer permitted. <br />If any legally established nonconforming use is located within a legally established <br />nonconforming building or structure and such legally established nonconforming <br />building or structure is damaged or destroyed by any means to the extent that restoration <br />will exceed fifty (50) percent of the cost of construction of the entire building or structure <br />at the time the damage or destruction is reported, as determined pursuant to Section 21- <br />01.03, (k) - Determination of Cost of Construction, below, the legally established <br />nonconforming use previously being conducted in such legally established <br />nonconforming building or structure shall be extinguished and no longer permitted. <br />A legally established nonconforming use within a legally established nonconforming <br />building or structure maybe changed to a less intense use pursuant to Section 21-01.02 <br />(bl - Order of Districts (i.e., within Section 21-03 Commercial /Mixed Use Districts or <br />within Section 21-04 Industrial Districts, but not from Section 21-03 Commercial / <br />Mixed Use Districts to Section 21-02 Residential Districts), provided all other <br />regulations of this Section are complied with. <br />Ord. No.: 9495-04 <br />
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