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DIVISION 2. -NONCONFORMING USES AND RELATED MATTERS Page 2 of 6 1. The hardcover is nonconforming only by reason of the percentage of land devoted to the use or the square footage of the use. 2. The relocation does not physically enlarge the size of the nonconforming use. 3. The relocation does not substantially change the character of the nonconforming use. 4. The relocation does not create a new nonconformity with respect to size or placement by relocating to a different hardcover zone as such zones are defined in section 78-1288 5. The relocation complies with all applicable setback requirements for the district in which it is located. 6. No relocation, in whole or part, is made within 75 feet of the ordinary high water level of any lake or tributary. (4) Decrease in nonconforming use. A lawful nonconforming use of a structure or parcel of land may be changed to decrease the nonconformity of use. Once the nonconforming use of such structure or parcel of land has been so changed, said use shall not thereafter be altered to so as to increase the nonconformity from its decreased state. (5) Discontinuation of nonconforming use. Whenever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of the Zoning Code. (6) Normal maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including incidental alterations which do not physically extend or intensify the nonconforming use. (7) Alterations to lawful nonconforming units. Alterations may be made to a conforming building containing lawful nonconforming units, provided they will not increase the number of units or the nonconformity. (8) Expansion of nonconforming uses. Nonconforming uses may not be expanded or enlarged. However, a lawful nonconforming gun club may apply to the city council to modify its hours of operation or to expand its operations within the existing defined parameters of the property. (c) Nonconforming structures. (1) Involuntary damage or destruction. Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if within 12 months after such calamity the property owner applies for a building permit to replace the structure. If no permit is applied for within the time period then the whole structure shall be demolished, and any construction thereafter shall be in full compliance and accordance with the provisions of the Zoning Code. (2) Remodeling and reconstruction. This subsection is intended to apply to the voluntary and intentional removal of all or portions of a lawful nonconforming structure. Whenever a lawful nonconforming structure shall be destroyed by means other than fire, flood, explosion, earthquake, war, riot, or act of God,to any extent then such structure may be restored only if a building permit is applied for within 180 days of the commencement of the destruction. If no permit is applied for in the 180 days then the structure shall be built in full compliance and accordance with the provisions of the Zoning Code. http://library.municode.com/HTML/13094/level4/TITVILAUS_CH78ZORE_ARTIIADE... 11/1/2012