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2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES
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2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES
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8/28/2015 3:40:48 PM
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Resolution/Ordinance
Res Ord Num
2009-38
Res Ord Title
AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES
Approved Date
5/18/2009
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1. Shall not be expanded, moved or extended beyond the scope and area <br /> of its operation on the effective date of the Ordinance or amendment thereto. <br /> However, a non-conforming use may be expanded provided that it meets all <br /> provisions of the Zoning Ordinance including but not limited to parking, <br /> landscaping and lighting. No non-conforming use shall be expanded, moved <br /> or extended except as authorized by the City Council, following public <br /> hearing before the Plan Commission. <br /> 2. Shall not be changed to another non-conforming use, unless such <br /> change shall be to a non-conforming use of the same or of a more restrictive <br /> classification, and no structural alteration or expansion of the structure <br /> housing the use is required. <br /> 3. Shall not, after being discontinued in use for a period of one (1) year <br /> or more, be reestablished unless in conformance with all requirements of this <br /> Ordinance. However, a non-conforming use may be reestablished provided <br /> that it meets the provisions of the Zoning Ordinance for parking, landscaping <br /> and lighting. No non-conforming use shall be expanded, moved or extended <br /> except as authorized by the City Council, following public hearing before the <br /> Plan Commission. <br /> D. NON-CONFORMING USE PERMIT <br /> A Non-Conforming Use Permit shall only be required for the reestablishment <br /> of a non-conforming use, expansion of a non-conforming use, change in non- <br /> conforming use to a more restrictive non-conforming use, and/or for any <br /> alterations to a non-conforming structure. <br /> Non-Conforming Use Permits shall be granted for the use and/or structure <br /> subject to the requirements of this section. A Non-Conforming Use Permit <br /> shall permit the use/structure to continue operation and to be rebuilt if it <br /> 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 <br /> the use has been discontinued for a period of one (1) year or more; and the use <br /> is not permitted within the Zoning District in which it lies. A Non- <br /> Conforming Use Permit shall also be required for the expansion of a non- <br /> 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 <br /> is to be met by the person seeking to reestablish the use and applying for a <br />
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