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1 (6) Regulations. <br />2 (1) Whenever a lawful nonconforming use of a structure or land or occupancy is discontinued for <br />3 a continuous period of one year, any future use of said structure or lands shall be made to <br />4 conform with the provisions of this chapter. <br />5 (2) Notwithstanding any other provisions of this chapter, any nonconformity, including the lawful <br />6 use or occupation of land or premises existing at the time of the adoption of an additional <br />7 control under this chapter, may be continued, including through repair, replacement, <br />8 restoration, maintenance, or improvement, but not including expansion, unless it is a <br />9 nonconforming use that is destroyed by fire or other peril to the extent of greater than 50 <br />10 percent of its market value, and no building permit has been applied for within 180 days of <br />11 when the property is damaged. In this case, the city may impose reasonable conditions upon <br />12 a building permit in order to mitigate any newly created impact on adjacent property. Any <br />13 subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. <br />14 (C) Creation of nonconformities by public action <br />15 (1) Where there exists as of the date of adoption of this section a conforming land use, lot of <br />16 record, sign, structure, and/or site improvement and a subsequent taking by a governmental <br />17 body occurs under eminent domain or negotiated sale which renders such land use, lot of <br />18 record, structure, or site improvement in violation of one or more provisions of this chapter, <br />19 such land use, lot of record, sign, structure or site improvements becomes a legal non- <br />20 conformity and may be used thereafter only in accordance with the provisions of this section. <br />21 (2) The Planning Commission may consider government taking as a practical difficulty used with <br />22 a request for a variance to a setback regulation for pre-existing buildings, parking lots, and/or <br />23 signs. <br />24 (D) Lots of Record. Any lot of record existing at the effective date of the ordinance from which this <br />25 chapter is derived may be used for the erection of a dwelling conforming to the use regulations of <br />26 the district in which it is located, even though its area is less than the minimum requirements of this <br />27 chapter. This provision shall not apply to lots with widths below the district minimum, meaning that <br />28 all lots of record must meet district lot width minimums to qualify. <br />29 (E) Expansion of a non -conforming structure by way of setbacks is permitted provided the wall does <br />30 not increase the level of nonconformity. <br />31 <br />16 <br />