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§ 152.34 NONCONFORMING USE.
   (A)   A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter, may be continued subject to the following conditions:
      (1)   If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The Utility Department shall notify the City Clerk in writing of instances of nonconforming uses where utility services have been discontinued for a period of 12 months.
      (2)   Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
   (B)   If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred, except that if it is reconstructed in conformity with the provisions of this chapter. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations, or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(Ord. 621, passed 3-4-2008)
§ 152.35 ABROGATION AND GREATER RESTRICTIONS.
   It is not intended by this chapter to repeal, abrogate, or impair any existent easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(Ord. 621, passed 3-4-2008)
§ 152.36 APPEAL OF PERMIT DENIAL.
   Where a request for a permit to develop or a variance is denied by the City Clerk, the applicant may apply for the permit or variance directly to the Board of Appeals.
(Ord. 621, passed 3-4-2008)
§ 152.99 PENALTY.
   (A)   Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
   (B)   Nothing herein contained shall prevent the City Council or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 621, passed 3-4-2008)