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Ord #085-3rd Ser/Amending code re: nonconformities
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Ord #085-3rd Ser/Amending code re: nonconformities
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4/1/2015 12:40:00 PM
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of use. Once the nonconforming use of such structure or parcel of land has <br /> been so changed, said use shall not thereafter be altered to so as to <br /> increase the nonconformity from its decreased state. <br /> (5) Discontinuation of nonconforming use. Whenever a lawful nonconforming <br /> use of a structure or land is discontinued and remains discontinued for a <br /> period of 12 months, any future use of said structure or land shall be in <br /> conformity with the provisions of the Zoning Code. <br /> (6) Normal maintenance. Normal maintenance of a building or other structure <br /> containing or related to a lawful nonconforming use is permitted, <br /> including incidental alterations which do not physically extend or intensify <br /> the nonconforming use. <br /> (7) Alterations to lawful nonconforming units. Alterations may be made to a <br /> conforming building containing lawful nonconforming units, provided <br /> they will not increase the number of units or the nonconformity. <br /> (8) Expansion of nonconforming uses. Nonconforming uses may not be <br /> expanded or enlarged. However. a lawful nonconformin� Qun club mav <br /> a nlv to the citv council to modifv its hours of oberation or to exnand its <br /> onerations within the existin�defined narameters of the nronertv. <br /> (c) Nonconforming structures. <br /> (1) Involuntary damage or destruction. Whenever a lawful nonconforming <br /> structure shall have been damaged by fire, flood, explosion, earthquake, <br /> war,riot, or act of God, it may be reconstructed and used as before if <br /> within 12 months after such calamity the property owner applies for a <br /> building permit to replace the structure. If no permit is applied for within <br /> the time period then the whole structure shall be demolished, and any <br /> construction thereafter shall be in full compliance and accordance with the <br /> provisions of the Zoning Code. <br /> (2) Remodeling and reconstruction. This subsection is intended to apply to the <br /> voluntary and intentional removal of all or portions of a lawful <br /> nonconforming structure. Whenever a lawful nonconforming structure <br /> shall be destroyed by means other than fire, flood, explosion, earthquake, <br /> war,riot, or act of God,to any extent then such structure may be restored <br /> only if a building permit is applied for within 180 days of the <br /> commencement of the destruction. If no permit is applied for in the 180 <br /> days then the structure shall be built in full compliance and accordance <br /> with the provisions of the Zoning Code. <br /> 155029v1 3 <br />
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