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Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 15 of 18 Page ID #:63 Section 13. Section 41-683 (Discontinuance of nonconforming building or use) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-683. - Discontinuance of nonconforming building or use. Except as provided in section 41-683.5 and 41-683.6, if a nonconforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period of twelve (12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it conforms in every respect to the provisions of this chapter. Section 14. Section 41-683.6 (Discontinuance of nonconforming noxious use) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41.683.6. -Discontinuance of nonconforming noxious use. Lal If a nonconforming use of a building regulated by Section 41-199.4 recluires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal, nonconforming status shall be lost and any subsequent use must conform in every respect to-the provisions of this chapter. kb If a nonconforming use of a building regulated by Section-41-199.4 is in violation of any applicable_federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices from a federal state or local_re_regulatory agency in a one (1 wear period, or is in violation for a total of ninety 94 days in a one 1 year period, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this chapter. Section 15. Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-610.5. -Wall and fence requirements in the industrial and commercial zones. (a) In the industrial and commercial zones,walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. (b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height Iimitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. (c) Barbed wire is not permitted as part of a wall or fence except as follows: City Council 39 -- 14 oMARRA-xxx Page 9 of 12