2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES

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Subject to the following regulations, any use that lawfully existed prier to on the effective date of this Ordinance or amendment(s)thereto, that does not conform with all provisions herein: 1. Shall not be expanded, moved or extended beyond the scope and area of its operation on the effective date of the Ordinance or amendment thereto. However, a non-conforming use may be expanded provided that it meets all provisions of the Zoning Ordinance including but not limited to parking, landscaping and lighting. No non-conforming use shall be expanded, moved or extended except as authorized by the City Council, following public hearing before the Plan Commission. 2. Shall not be changed to another non-conforming use, unless such change shall be to a nonconforming use of the same or of a more restrictive classification, and no structural alteration or expansion of the structure housing the use is required. 3. May Shall not, after being discontinued in use for a period of one(D year or more, be reestablished unless in conformance with all requirements of this Ordinance. However, a non-conforming use may be reestablished provided that it meets the provisions of the Zoning Ordinance for parking, landscaping and lighting. No non-conforming use shall be expanded, moved or extended except as authorized by the City Council, following public hearing before the Plan Commission. D.NON-CONFORMING USE PERMIT A Non-Conforming Use Permit shall only be required for the reestablishment of a non- conforming use, expansion of a non-conforming use change in non-conforming use to a more restrictive non-conforming use, and/or for any alterations to a non-conforming structure. Non-Conforming Use Permits shall be granted for the use and/or structure subject to the requirements of this section. A Non-Conforming Use Permit shall permit the use/structure to continue operation and to be rebuilt if it becomes damaged beyond fifty (50) percent of its assessed value at the time such event occurred. A Non-Conforming Use Permit shall be required to continue a use in the event the use has been discontinued for a period of one (1) year or more; and the use is not permitted within the Zoning District in which it lies. A Non-Conforming Use Permit shall also be required for the expansion of a non-conforming use or for a change to a more restrictive use. Reestablishment of Use 1. The burden of proving any previously established non-conforming use is to be met by the person seeking to reestablish the use and applying for a Non-Conforming Use Permit. Such persons shall provide sufficient proof in a form acceptable to the Director of Economic and Urban Development of the following: