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2009.10.05 ORD 2009-434
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2009.10.05 ORD 2009-434
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10/26/2017 2:12:00 PM
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5/11/2015 10:31:23 AM
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City Council
Document Type
Ordinances
Meeting Date
10/5/2009
Meeting Type
Regular
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(1) Conditional uses. Any established use, building or lot legally existing prior to November 22, <br />1978, and which is classified by this chapter as requiring a conditional use permit may be <br />continued in like fashion and activity and shall automatically be considered as having received <br />conditional use permit approval. Any change to such a use or building shall, however, require a <br />new conditional use permit to be processed according to this chapter. <br />(2) Nonconforming uses. <br />a. Buildings or land existing prior to effective date of article provisions. The lawful use <br />of buildings or land existing at the effective date of the ordinance from which this chapter <br />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 <br />or increased, nor shall any such nonconforming use be expanded to occupy a greater area <br />of building or land than that occupied by such use at the time of the adoption of the <br />ordinance from which this chapter is derived, except as otherwise provided), nor shall <br />any such nonconforming use be moved to any other part of the parcel of land upon which <br />the same was conducted at the time of the adoption of this chapter. <br />b. Continued use. A lawful, nonconforming use shall not be enlarged, but may be <br />continued at the same size and in the same manner of operation as it existed on the date it <br />became legally nonconforming except 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 <br />been changed to a conforming use, it shall not thereafter be changed to any <br />nonconforming use. <br />2. A lawful nonconforming use of a structure or parcel of land may be changed <br />to lessen the nonconformity of use. Once a nonconforming structure or parcel of <br />land has been changed, it shall not thereafter be so altered to increase the <br />nonconformity. <br />d. Expansions of nonconforming uses. A legal nonconforming commercial/industrial <br />use may be expanded with a conditional use permit and with specific finding by the city <br />council that the proposed expansion will reduce the impacts of the legal nonconforming <br />commercial/industrial use on the surrounding properties in terms of activity, noise, <br />traffic, light, appearance, outside storage of vehicles, equipment, or materials, or other <br />issues pertinent to the specific property and use involved. <br />e. Discontinuance. In the event that a nonconforming use of any building or premises is <br />discontinued for a period of one year, the use of the same shall thereafter conform to the <br />regulations of the district in which it is located. <br />f. Normal maintenance. Maintenance of a building or other structure containing or used <br />by a nonconforming use will be permitted when it includes necessary nonstructural repair <br />15 <br />
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