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PC Exhibit E <br /> City Language <br /> S <br /> Sec. 78-71. Nonconforming structures and uses. <br /> (a) General provisions. <br /> (1) Purpose. It is the purpose of this section to regulate nonconforming structures and uses,and to specify <br /> those requirements,circumstances and conditions under which nonconforming structures and uses <br /> will be operated and maintained.The Zoning Code establishes zoning districts and specific uses which <br /> are permitted within each district. It is necessary and consistent with the establishment of these <br /> districts that nonconforming structures and uses not be permitted to continue without restriction. <br /> (2) Effective date.Any structure or use lawfully existing upon the effective date of this section shall not be, <br /> enlarged, expanded,extended,or altered in any manner which increases its nonconformity, but may <br /> be continued at the size and in the manner of operation existing upon such date except as hereinafter <br /> specified or,subsequently amended.Any land or buildings which were actually and legally devoted to a <br /> nonconforming use on January 1, 1975,and which were thereafter specifically allowed to continue said <br /> nonconforming use under the terms of a conditional use permit issued by the city council,shall be <br /> allowed to continue under the terms of said conditional use permit. <br /> (3) Safety repairs. Nothing in the Zoning Code shall prevent the placing of a structure in safe condition <br /> when said structure is declared unsafe by the building official. <br /> (b) Nonconforming uses. <br /> (1) Change to conforming use.When any lawful nonconforming use of any structure or land in any district <br /> has been changed to a conforming use,it shall not thereafter be changed to any nonconforming use. <br /> (2) Change to new nonconforming use.An existing nonconforming use may not be changed to another <br /> nonconforming use. <br /> (3) Relocation of nonconforming use. S <br /> a. No nonconforming use shall be moved to another lot or to any other part of the parcel of land <br /> upon which the same was conducted at the time of this section's adoption unless such <br /> movement shall bring the nonconformance into compliance with the requirements of this <br /> section. <br /> b. Nonconforming non-structural hardcover may be relocated,including full replacement,to any <br /> other part of the parcel of land upon which the same was conducted at the time of this section's <br /> adoption, provided that: <br /> 1. The hardcover is nonconforming only by reason of the percentage of land devoted to the <br /> use or the square footage of the use. <br /> 2. The relocation does not physically enlarge the size of the nonconforming use. <br /> 3. The relocation does not substantially change the character of the nonconforming use. <br /> 4. The relocation does not create a new nonconformity with respect to size or placement by <br /> relocating to a different hardcover zone as such zones are defined in section 78-1288. <br /> 5. The relocation complies with all applicable setback requirements for the district in which it <br /> is located. <br /> 6. No relocation,in whole or part, is made within 75 feet of the ordinary high water level of <br /> any lake or tributary. <br /> (4) Decrease in nonconforming use.A lawful nonconforming use of a structure or parcel of land may be <br /> changed to decrease the nonconformity of use.Once the nonconforming use of such structure or <br /> Created: 2021-08-18 14:28:56 [EST] 1110 <br /> (Supp. No.19,Update 4) <br /> Page 1 of 5 <br />