1935 159 Ordinance - Laserfiche WebLink

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? (2) A class U6 use ex'isting in?any use district at the time of the passage of this ordinance shall be deemed an authorized use upon the pZot devoted to such use at the time of the passage of this ordi.nance. Section 10. Non-conforming uses. A non-conforming use existing at -the time of th.e passage of this oidinance may be continued.. A non-conforming use sha..LI not be extended except as authorized by the preceding section but the extension of a use to any portion of a puilding, Which portion was arranged or designed for stzch non-conforming use at the time of 'Uhe passage of this ordinance, shall no-t be deemecl the ex-tension of a non-coniorming use. A builcling arrangecl9 design.ed or devoted to a non-conforming use at the time of the passage of this ordinance may not be reconstructed or structurally altered to an extent exceeding in aggregate cost, during any ten year period, 60 ger cent of the assessed value of the building unless the use of said bvilding is changed to a conforming use, 4 non-conforming use may not be changed unless chasiged to a higher use. A non-canforming use if changed to a conforming use may not thereafter be changed back to any non-conforming usee A non-conforming use if cLanged to a higher non-confo-rming use may not thereafter be cha:nged un7.ess to a still higher use. A non-conforming use:included in a U7Z use class shall not be changed un.Iess changed to a conforming usee In a Ul, U2 or U3 dis-L-rict a non-conforming use included in a U49 U5.or U6 use cZass shall not be chonged uriless changed to a conforming use. For the pusposes of this ordinan.ce a use shall be d-eemed to be cha:nged if changed from a. use includecl in a sub- t3ivision of a use cl.ass to a use not included in such subdivisione For -tlze "-? purposes of this ordinance a non-conforming use shaI1 be deemed to be cha.nged to a higher use if the use to ivhich sueh non-conforming use is changed is a use included in a subdivision of a use class that in the arrangement of cl.asses and subdivisions in the classification of uses precedes the subdivision in which such non-eoriforming use is included. Section II. Height districts. (I) Tn a class Hl d.istrict no builcl.ing shall be erected to a height in excess of 22 stories or in excess of 35 feet, except that in the case of a church' school or Iibrary bui?ding it sha.I1 not be erected to a height in excess of four stories or in excess of 50 feet. (2) In a class H2 district no buil.ding sha1l be erected -to a height in excesS oi four stories or in excess of 50 feet. Sectiori 12.' Height district exceptionss (a) The provisions of the preceding section shall not apply to restrict the heiglzt of a crurch spire, belfry, clock tower, wireless to-ffer, chimney flue, water tank, elevator bulkheacl or stage to-ffer or scenery loft. (b) The city pla.nning and zoning commission may9 af'ter public notice ana hearing and subject to such conditions and sa.f'egu4rds as the commission may nrescribe to protect the appropriate use of neighhor°ing propertyy, permit the erection of a building or portion of a buil.dinj covering not more than.25 per cent o'L the as°ea of the Iot to a height in excess of the Zimits prescribed in the preceding section, 7yhich permission shall be confirmed by resoTution of the council before becoming effective. ? (c) Nothing in this ordinance sha11 prevent the erection above the height Iimit oi' a parapet wal1 or cornice solely f or ornanent and without vindows extenaing above such height Iimit not more tha,n three feet. -7-