HomeMy WebLinkAbout92-02•
ADOPTED: March 17, 1992
EFFECTIVE: March 17, 1992
ORDINANCE N0. 92-2 AMENDING ARTICLE S
SECTION 2 (CHANGE OF A NONCONFORMING USE)
AND ARTICLE 5 BECTON 5 (DISCONTINUANCE OF
A NONCONFORMING USE) OF THE TOWN OF PULASKI
VIRGINIA ZONING ORDINANCE
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ORDINANCE N0. 92-2
TOWN OF PULASKI, VIRGINIA
Ordinance Amending Article 5 Section 2 (Change of a Nonconforming Use)
and Article 5 Section 5 (Discontinuance of a Nonconforming Use) of the
Town of Pulaski, Virginia Zoning Ordinance.
WHEREAS, Article 5 Section 2 (Nonconforming Uses) of the Pulaski Zoning
Ordinance states: "The removal and replacement of a nonconforming mobile
home shall be permitted as a change of use...if replacement is completed
within 60 days of removal."; and
WHEREAS, Article 5 Section 5 (Discontinuance of a Nonconforming Use) of
the Pulaski Zoning Ordinance is applicable to the discontinuance of a
nonconforming use in a residence district only; and
WHEREAS, after receiving public comment, the Ordinance Committee of Town
Council reviewed the subject sections in relation to the removal and
replacement of nonconforming mobile homes and initiated a zoning
amendment request to the Town of Pulaski Zoning Ordinance:
WHEREAS, the proposed amendment to Article 5 Section 2 would permit the
replacement of a nonconforming mobile home within two years of removal;
and
WHEREAS, the proposed amendment to Article 5 Section 5 would expand its
applicability to any zoning district; and
WHEREAS, after notice as required by law, the Town Council and the Town
Planning Commission held a joint public hearing on February 18, 1992 to
consider proposed amendments to Article 5 Section 2 and Article 5 Section
5 of the Pulaski Zoning Ordinance; and
WHEREAS, following the public hearing, at its meeting of March 9, 1992,
the Planning Commission formally recommended to the Town Council that the
proposed amendments to Article 5 Section 2 and Article 5 Section 5 of the
Pulaski Zoning Ordinance be approved as submitted; and
WHEREAS, after due consideration of the information before it as
evaluated by appropriate zoning standards, the Town Council finds that it
is reasonable and suitable to amend the subject sections of the Pulaski
Zoning Ordinance; and
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WHEREAS, the Town Council finds that the recommendation of the Planning
Commission promotes the health, safety and general welfare of the general
public and accomplishes the purposes set forth in the Code of Virginia,
particularly Section 15.1-427 and Section 15.1-489, and promotes and is
consistent with the other provisions of the Town's land use plans,
ordinances and regulations.
NOW, THEREFORE, BE IT ORDAINED by the COUNCIL of the TOWN OF PULASKI,
VIRGINIA, sitting in regular session on March 17, 1992, that:
Section 1. Article 5 Section 2 of the Pulaski Zoning Ordinance is
amended to permit the replacement of a nonconforming mobile home within
two years of removal. Article 5 Section 2 shall read: "If no structural
alterations are made, a nonconforming use of land or of a building may be
changed to another nonconforming use of the same or of a more restricted
classification. Removal and replacement of a nonconforming mobile home
shall be permitted as a change of use under this section if said
replacement is completed within two years of the removal. Whenever a
nonconforming use of land or buildings has been changed to a more
restricted use or to a conforming use, such use shall not thereafter be
changed to a less restricted use. Classification or restriction of uses
generally refers to the manner by which uses are classified or grouped in
the hierarchy of regulations for the various districts."
Section 2. Article 5 Section 5 of the Pulaski Zoning Ordinance is amended
to expand its applicability to any zoning district. Article 5 Section 5
shall read: "No building or portion thereof used in whole or in part for
a nonconforming use in any district which remains idle or unused for a
continuous period of two years, whether or not the equipment or fixtures
are removed, shall again be used except in conformity with the
regulations of the district in which such building or land is located."
Section 3. This ordinance is effective upon adoption and is adopted by
recorded vote of the Town Council of the Town of Pulaski, Virginia on
this 17th day of March, 1992, as follows:
Charles D. Crispin Ave
J. R. Schrader, Jr. gy~_
Mary Lou Copenhaver Absent
James M. Neblett A,~
Andrew L. Graham Ave
W. H. Schrader, Jr. Ave
Alma H. Holston Ave
Robert N. Glenn Ave
TOW OF PULASK VIRGINIA
NDREW L. GRAHAM, VICE-MAYOR
Attest:
G~ • ~~
R th A. Harrell
lerk of Council
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I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia,
do hereby certify that the foregoing ordinance No. 92-2 amending Article 5
Section 2 (change of a nonconforming use) and article 5 section 5 (dis-
continuance of a nonconforming use) of the Town of Pulaski, Virginia--.
is a true and correct copy of the ordinance as adopted by the Town Council
at their regular meeting on March 17, 1992.
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Ruth A. Harrell, Clerk of Council
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