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ZONING REGULATIONS §78-71 <br /> this section's adoption unless such remains discontinued for a period of 12 <br /> movement shall bring the nonconfor- months, any future use of said structure <br /> mance into compliance with the re- or land shall be in conformity with the <br /> quirements of this section. provisions of the Zoning Code. <br /> b. Nonconforming non-structural hard- (6) Normal maintenance. Normal mainte- <br /> cover may be relocated, including nance of a building or other structure <br /> full replacement,to any other part of containing or related to a lawful noncon- <br /> the parcel of land upon which the forming use is permitted, including inci- <br /> same was conducted at the time of dental alterations which do not physically <br /> this section's adoption,provided that: extend or intensify the nonconforming use. <br /> 1. The hardcover is nonconform- (7) Alterations to lawful nonconforming units. <br /> ing only by reason of the per- Alterations may be made to a conforming <br /> centage of land devoted to the building containing lawful nonconforming <br /> use or the square footage of the units, provided they will not increase the <br /> use. number of units or the nonconformity. <br /> 2. The relocation does not physi- <br /> cally enlarge the size of the (8) Expansion of nonconforming uses. Non- <br /> nonconforming use. conforming uses may not be expanded or <br /> enlarged. However, a lawful nonconform- <br /> 3. The relocation does not substan- ing gun club may apply to the city council <br /> tially change the character of to modify its hours of operation or to <br /> the nonconforming use. expand its operations within the existing <br /> 4. The relocation does not create a defined parameters of the property. <br /> new nonconformity with re- <br /> spect to size or placement by (c) Nonconforming structures. <br /> relocating to a different hard- (1) Involuntary damage or destruction.When- <br /> cover zone as such zones are ever a lawful nonconforming structure <br /> defined in section 78-1288. shall have been damaged by fire, flood, <br /> 5. The relocation complies with explosion, earthquake,war, riot, or act of <br /> all applicable setback require- God,it may be reconstructed and used as <br /> ments for the district in which before if within 12 months after such <br /> it is located. calamity the property owner applies for a <br /> 6. No relocation,in whole or part, building permit to replace the structure. <br /> is made within 75 feet of the If no permit is applied for within the time <br /> ordinary high water level of any period then the whole structure shall be <br /> lake or tributary. demolished, and any construction there- <br /> after shall be in full compliance and ac- <br /> (4) Decrease in nonconforming use. A lawful cordance with the provisions of the Zon- <br /> nonconforming use of a structure or par- ing Code. <br /> cel of land may be changed to decrease the <br /> (2) Remodeling and reconstruction. This sub- <br /> nonconformity of use. Once the noncon- section is intended to apply to the volun- <br /> forming use of such structure or parcel of <br /> land has been so changed, said use shall �"Y and intentional removal of all or <br /> not thereafter be altered to so as to in- Portions of a lawful nonconforming struc- <br /> crease the nonconformity from its de- tore. Whenever a lawful nonconforming <br /> creased state. structure shall be destroyed by means <br /> other than fire, flood, explosion, earth- <br /> (5) Discontinuation of nonconforming use. quake, war, riot, or act of God, to any <br /> Whenever a lawful nonconforming use of extent then such structure may be re- <br /> a structure or land is discontinued and stored only if a building permit is applied <br /> Supp.No.9 CD78:29 <br />