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<br /> <br /> <br /> Created: 2025-05-22 16:40:51 [EST] <br />(Supp. No. 36) <br /> <br />Page 48 of 198 <br />uses as defined in section 90-48. If the responsible party does not appropriately respond to the zoning <br />administrator within a specified period of time, each additional day that lapses shall constitute an additional <br />violation of this chapter and shall be prosecuted accordingly. <br />(Prior Code, § 1015-160.1, § 90-45; Ord. No. 2009-434, § 1, 10-5-2009) <br />Sec. 90-48. Nonconforming buildings, structures, uses, and lots. <br />(a) This section provides for the regulation of nonconforming buildings, structures, uses, and lots, and specifies <br />those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses, <br />and lots will be operated, maintained, and regulated. Nonconforming buildings, structures, uses, and lots <br />shall not be allowed to continue without restriction. Furthermore, it is the intent of this section that all <br />nonconformities shall be eventually brought into conformity. <br />(b) Generally. <br />(1) Any established use, building or lot legally existing prior to November 22, 1978, and which is classified <br />by this chapter as requiring a conditional use permit may be continued in like fashion and activity and <br />shall automatically be considered as having received conditional use permit approval. Any change to <br />such a use or building shall, however, require a new conditional use permit to be processed according <br />to this chapter. <br />(2) Nonconforming uses. <br />a. The lawful use of buildings or land existing at the effective date of the ordinance from which this <br />chapter is derived which does not conform to the provisions of this chapter may be continued; <br />provided, however, that no such nonconforming use of building or land shall be enlarged or <br />increased, nor shall any such nonconforming use be expanded to occupy a greater area of <br />building or land than that occupied by such use at the time of the adoption of the ordinance from <br />which this chapter is derived, except as otherwise provided), nor shall any such nonconforming <br />use be moved to any other part of the parcel of land upon which the same was conducted at the <br />time of the adoption of this chapter. <br />b. A lawful, nonconforming use shall not be enlarged, but may be continued at the same size and in <br />the same manner of operation as it existed on the date it became legally nonconforming except <br />as hereinafter specified. <br />c. Changes to nonconforming uses. <br />1. When a lawful nonconforming use of any structure or land in any district has been changed <br />to a conforming use, it shall not thereafter be changed to any nonconforming use. <br />2. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the <br />nonconformity of use. Once a nonconforming structure or parcel of land has been changed, <br />it shall not thereafter be so altered to increase the nonconformity. <br />d. A legal nonconforming commercial/industrial use may be expanded with a conditional use permit <br />and with specific finding by the city council that the proposed expansion will reduce the impacts <br />of the legal nonconforming commercial/industrial use on the surrounding properties in terms of <br />activity, noise, traffic, light, appearance, outside storage of vehicles, equipment, or materials, or <br />other issues pertinent to the specific property and use involved. <br />e. In the event that a nonconforming use of any building or premises is discontinued for a period of <br />one year, the use of the same shall thereafter conform to the regulations of the district in which <br />it is located.