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r ARTICLE 5 - NONCONFORMITIES SECTION 1 - INTENT It is the purpose of this Article to provide for the regulation of uses, buildings, structures, or lots which were legally established but which fail to comply with one or more of the applicable regulations or standards established by this Ordinance or future amendment to this Ordinance or which have been rendered nonconforming due to circumstances which were not self-created. It is the intent of these regulations to specify those circumstances and conditions under which such nonconformities shall be permitted to continue. It is consistent with the purposes of this Ordinance that those nonconformities not be permitted to continue without restriction on all aspects of the nonconformity which adversely affect orderly development, public health, public safety, and general welfare, or the value of nearby property. It is the general policy of this Article to allow the continuation of any nonconformity and the normal maintenance and repair thereof, and to encourage their move toward conformity when the opportunity arises through discontinuance or destruction. In certain cases, nonconformities may be permitted to be improved when it can be shown that such action will not be harmful and will be beneficial to the surrounding properties, the neighborhood, and the community; and that the goals of local plans of the City will not be impeded by the continuation of the nonconformity. In certain cases, nonconformities may be required to achieve compliance with the regulations through the establishment of an amortization program where the nonconformity is determined to have extraordinarily adverse and exceedingly detrimental effects to orderly development, public health, public safety and general welfare, or the value of nearby property. SECTION 2 -AUTHORITY TO CONTINUE 2.1 Except as otherwise provided for in this Article or this Ordinance, any nonconforming use, structure, situation, sign, or parking existing on the effective date of this Ordinance or subsequent amendment thereto may be continued so long as it remains otherwise lawful. 2.2 Any structure or use partially taken by public action under eminent domain proceedings, which structure or use is made nonconforming may continue. SECTION 3 - MAINTENANCE AND REPAIR OF NONCONFORMITY 3.1 Unless otherwise provided for in this Article or by law, structural alterations, expansions, and additions to a nonconforming structure, or to a structure devoted in whole or part to a nonconforming use, are prohibited. 3.2 Unless otherwise provided for, nonconforming structures and equipment, and nonconforming uses may have ordinary repairs performed for the purpose of improving the aesthetic appearance or to modernize an existing structure. The value of said repairs may not exceed fifteen percent (15%)of the City Assessor's most current market value of the structure in any period of twelve (12) consecutive months nor exceed over the life of the structure fifty percent (50%) of the City Assessor's most current market value. Life safety code repairs required by law and officially ordered for any building or part thereof shall be exempt from these limitations. The current cost, including labor and materials, of all previous and proposed improvements to the structure since the date the structure or the use of the structure was made nonconforming by this Ordinance or any amendment thereto shall be utilized to calculate said allowance. 5-1