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Page 4of8 <br /> City of Decatur Zoning Ordinance <br /> May 7, 2009 <br /> conforming us shall be expanded, moved or extended except as authorized by the City <br /> Council, following public hearing before the Plan Commission." <br /> Amend SECTION XXIII.0 (Non-Conforming Uses)by deleting: <br /> "prior to" <br /> 3. "May" <br /> Amend SECTION XXIII. (Non-Conforming Uses)by adding: <br /> "D. NON-CONFORMING USE PERMIT <br /> A Non-Conforming Use Permit shall only be required for the reestablishment of a non-conforming <br /> use, expansion of a non-conforming use, change in non-conforming use to a more restrictive non- <br /> conforming use, and/or for any alterations to a non-conforming structure. <br /> Non-conforming use permits shall be granted for the use and/or structure subject to the requirements <br /> of this section. A Non-Conforming Use Permit shall permit the use/structure to continue operation <br /> and to be rebuilt if it becomes damaged beyond fifty (50) percent of its assessed value at the time <br /> such event occurred. <br /> A Non-Conforming Use Permit shall be required to continue a use in the event the use has been <br /> discontinued for a period of one (1) year or more; and the use is not permitted within the Zoning <br /> District in which it lies. A Non-Conforming Use Permit shall also be required for the expansion of a <br /> non-conforming use or for a change to a more restrictive use. <br /> Reestablishment of Use <br /> 1. The burden of proving any previously established non-conforming use is to be met by the <br /> person seeking to reestablish the use and applying for a Non-Conforming Use Permit. Such <br /> persons shall provide sufficient proof in a form acceptable to the Director of Economic and <br /> Urban Development of the following: <br /> a. Date of construction of the building or structure or date the use was established (proof <br /> may consist of a certified copy of the business license or building permit). <br /> b. Continuous operation of the non-conforming use (proof may consist of affidavits <br /> signed by persons having personal knowledge of the use of the premises since the use <br /> was established). <br /> c. Such other proof as may be deemed necessary by the Director of Economic and Urban <br /> Development. <br /> 2. The non-conforming use must have been legally conforming at the time of its creation. <br /> Expansion of Use <br /> 1. Prior to granting an expansion of use, the current use shall be proven to be a legally non- <br /> conforming use. The burden of proving a non-conforming use is to be met by the person <br /> seeking a Non-Conforming Use Permit to allow for expansion. Such persons shall provide <br />