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<br /> <br /> <br /> Created: 2025-02-26 08:25:11 [EST] <br />(Supp. No. 21) <br /> <br />Page 1 of 6 <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. <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 />107