Laserfiche WebLink
(a) <br />(1) <br />(2) <br />(3) <br />(b) <br />(1) <br />(2) <br />(3) <br />a. <br />b. <br />1. <br />2. <br />3. <br />4. <br />5. <br />6. <br />(4) <br />(5) <br />(6) <br />(7) <br />(8) <br />(c) <br />(1) <br />DIVISION 2. - NONCONFORMING USES AND RELATED MATTERS <br />Sec. 78-71. - Nonconforming structures and uses. <br />General provisions. <br />Purpose. It is the purpose of this section to regulate nonconforming structures and uses, and to specify those requirements, <br />circumstances and conditions under which nonconforming structures and uses will be operated and maintained. The Zoning Code <br />establishes zoning districts and specific uses which are permitted within each district. It is necessary and consistent with the <br />establishment of these districts that nonconforming structures and uses not be permitted to continue without restriction. <br />Effective date. Any structure or use lawfully existing upon the effective date of this section shall not be, enlarged, expanded, <br />extended, or altered in any manner which increases its nonconformity, but may be continued at the size and in the manner of <br />operation existing upon such date except as hereinafter specified or, subsequently amended. Any land or buildings which were <br />actually and legally devoted to a nonconforming use on January 1, 1975, and which were thereafter specifically allowed to continue <br />said nonconforming use under the terms of a conditional use permit issued by the city council, shall be allowed to continue under <br />the terms of said conditional use permit. <br />Safety repairs. Nothing in the Zoning Code shall prevent the placing of a structure in safe condition when said structure is declared <br />unsafe by the building official. <br />Nonconforming uses. <br />Change to conforming use. When any lawful nonconforming use of any structure or land in any district has been changed to a <br />conforming use, it shall not thereafter be changed to any nonconforming use. <br />Change to new nonconforming use. An existing nonconforming use may not be changed to another nonconforming use. <br />Relocation of nonconforming use. <br />No nonconforming use shall be moved to another lot or to any other part of the parcel of land upon which the same was <br />conducted at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with <br />the requirements of this section. <br />Nonconforming non-structural hardcover may be relocated, including full replacement, to any other part of the parcel of land <br />upon which the same was conducted at the time of this section's adoption, provided that: <br />The hardcover is nonconforming only by reason of the percentage of land devoted to the use or the square footage of <br />the use. <br />The relocation does not physically enlarge the size of the nonconforming use. <br />The relocation does not substantially change the character of the nonconforming use. <br />The relocation does not create a new nonconformity with respect to size or placement by relocating to a different <br />hardcover zone as such zones are defined in section 78-1288. <br />The relocation complies with all applicable setback requirements for the district in which it is located. <br />No relocation, in whole or part, is made within 75 feet of the ordinary high water level of any lake or tributary. <br />Decrease in nonconforming use. A lawful nonconforming use of a structure or parcel of land may be changed to decrease the <br />nonconformity of use. Once the nonconforming use of such structure or parcel of land has been so changed, said use shall not <br />thereafter be altered to so as to increase the nonconformity from its decreased state. <br />Discontinuation of nonconforming use. Whenever a lawful nonconforming use of a structure or land is discontinued and remains <br />discontinued for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of the <br />Zoning Code. <br />Normal maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is <br />permitted, including incidental alterations which do not physically extend or intensify the nonconforming use. <br />Alterations to lawful nonconforming units. Alterations may be made to a conforming building containing lawful nonconforming <br />units, provided they will not increase the number of units or the nonconformity. <br />Expansion of nonconforming uses. Nonconforming uses may not be expanded or enlarged. However, a lawful nonconforming gun <br />club may apply to the city council to modify its hours of operation or to expand its operations within the existing defined <br />parameters of the property. <br />Nonconforming structures. <br />Involuntary damage or destruction. Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion,