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2019-08 Ordinance Granting a Non-Conforming Use Permit to Re-Establish Transitional Housing Use Within the M-2 Heavy Industrial District at 2175 East Pershing Road Decatur Transitional Housing Complex (DTHC)
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2019-08 Ordinance Granting a Non-Conforming Use Permit to Re-Establish Transitional Housing Use Within the M-2 Heavy Industrial District at 2175 East Pershing Road Decatur Transitional Housing Complex (DTHC)
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Last modified
3/6/2019 9:53:26 AM
Creation date
3/6/2019 9:52:51 AM
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Resolution/Ordinance
Res Ord Num
2019-08
Res Ord Title
2019-08 Ordinance Granting a Non-Conforming Use Permit to Re-Establish Transitional Housing Use Within the M-2 Heavy Industrial District at 2175 East Pershing Road Decatur Transitional Housing Complex (DTHC)
Department
Econ and Com Dev
Approved Date
3/4/2019
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� � <br /> D. NON-CC3NFQRMtNG USE PERMIT <br /> A Non-Canforming Use Permit shall anly be required for the re-establishrnent af a nan- <br /> canforming use, expansion of a non-confarming use, change in non-conforming use ta a <br /> more restrictive non-conforming use, and / or for any alteratians to a non-conforming <br /> structure. <br /> Nan-Canforming Use Permits shall be granted for the use and/or structure sub}ect to the <br /> requirements of this section. A Nan-Canfornaing Use Pernnit shail permit the use/structure <br /> to cantinue operation and to be rebuilt if it becames damaged beyand fifty(SO}percent of <br /> its assessed value at the time such event accurred. <br /> A Nan-Canforming Use Permit shalI be required to continue a use in the event the use has <br /> been discantinued for a period of one(1)year or mare;and the use is not perimitted within <br /> the Zoning District in which it lies. A Non-Canforming Use Permit shall also be required <br /> for the expansion of a non-conforming use ar for a change to a more restrictive use. <br /> Re-establishment of Use <br /> 1. The burden of praving any previausly established non-canfortning use is to be <br /> met by the person seeking to re-establish the use and applying for a Non- <br /> Conforming Use Perrnit. Such persons shall provide sufficient groof in a farm <br /> acceptable to the Zoning Administratar of the folIowing: <br /> � a. Aate of constructian of the buitding or structure ar date the use was <br /> established (proof rnay cansist af a certified copy of the business license or <br /> building permit). <br /> b. Continuous operation of the non-conforming use (proaf may consist of <br /> affidavits signed by persons having personal knawiedge of the use of the <br /> premises since the use was established). <br /> c. Such ather praof as may be deerned necessary by the Zaning Administratar. <br /> {Amended, Ordinance N4.2�10-34,May 17,2410} <br /> 2. The non-confarming use must have been legally conforming at the time of its <br /> creation. <br /> Expansion of Use <br /> 1. Prior to granting an expansion of use,the current use shall be proven to be a legally <br /> non-confarming use. The burden of praving a non-conforming use is ta be met by <br /> the person seeking a Non-Confarming Use Permit to allow for expansion. Such <br /> persan shail provide sufficient praaf in a form acceptabie ta the Zoning <br /> Administrator of the following: <br /> �. - �XIII-3 <br />
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