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<br />- <br /> <br />. <br /> <br />-19- <br /> <br />Section 4 - 200 Non-ConforminE BuildinEs, Structures, and Uses <br /> <br />The general public, the Planning Commission and the Board are directed <br />to take note that non-conformities in the use and development of land <br />and buildings are to be avoided, or eliminated where now existing, <br />wherever and whenever possible, except when necessary .to preserve <br />property rights, specific structures, 10ts, or uses established prior to <br />the date these regulations became effective as to the property in <br />question, and when necessary to promote the general welfare and to <br />protect the character of surrounding property. It shall be the <br />responsibili ty of the Planning Commission and the Board to assist the <br />City Counc il in achiev ing thi s goal by adv i sing the City Counc il of <br />their recommendations thereon. As necessary, the City Council may from <br />time to time on its own motion or upon cause presented by interested <br />property owners inquire into the existence, continuation or maintenance <br />of any non-conforming use within the City. <br /> <br />Section 4 - 201 Non-Conforming Structures <br /> <br />1. Limitation on Regulation <br /> <br />No structure, otherwise in accordance with the provls10ns of <br />these regulations or an amendment hereto, shall be rendered <br />or be deemed a non-conforming structure solely for a failure <br />to comply with provisions relating to Section 10 Special <br />Regulations, of this Ordinance. <br /> <br />2. Continuanc~ of Non-Conforming Structures <br /> <br />Subject to all limitations herein set forth, any non-conforming <br />structure may be occup1ed and operated and maintained in a state <br />of good repair, but no non-conforming structure shall be enlarged <br />or extended unless the enlargement or extension can be, and is, <br />made in compliance with all of the provisions herein established <br />for structures in the district in which' the non-conforming struc- <br />ture is located. (The provisions of Section 4-201(6) and Section <br />11-605(2) of this Ordinance are also applicable, and shall be . <br />~ollowed. <br /> <br />3. Accidentai'Damage to Structure <br /> <br />If a building occupied by non-conforming uses is destroyed by <br />fire or the elements, it may not be reco~structed or rebuilt <br />except to conform .with provisions herein. In the case of <br />partial destruction by fire or. other causes., not exceeding <br />fifty percent (50%) of its value, as determined by a licensed <br />appraiser, the Enfo~cing Officer may issue a ~ermit for recon- <br />struction. If greater than fifty percent (50%) and less than <br />total, the Board may grant as a special exception a permit for <br />repair but not for enlargement or reconstruction of the building. <br /> <br />.' <br /> <br />... <br />