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"Expansion," " " "intensification" d} Expansion, enlargerrrent, or intensification means any increase in a dimension,
<br />size;.. area, volurne, or height, any increase in the area of use, any placement of a
<br />structure or.part thereof where none existed before; any addition of a site feature such as
<br />a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that
<br />would allow the land to be more intensely developed,. any move of operations to a new
<br />location. on the. property, or any increase in intensity of use based on a review of the
<br />original nature; function or purpose of the non -conforming use; the hours of operation,
<br />traffic; parking, noise, exterior storage, signs, exterior lighting,. types of operations, types
<br />of goods. or services offered, odors, area of operation, number of employees; and: other
<br />factors deemed.relevant by the city.
<br />e) "Improvement" means making the non -conforming use better, more efficient, or more
<br />aesthetically pleasing, including any change that does not replicate what pre_existed; but
<br />does not include: an expansion, enlargement, or: intensification.
<br />f) "Replacement," "reconstruction," or ".restoration" means construction that exactly
<br />matches pre=existing, conditions.
<br />3. Non conforming Use. Permit.
<br />a) A non conforming use shall not be allowed unless a permit is issued in accordance
<br />With this section.
<br />b) Application,
<br />Application for anon -conforming use permit must be made to the zoning. administrator.
<br />The application must be on farms provided by the city and must be accompanied by the
<br />following;.
<br />1) a plat or map: of the property which shows, at a minimum, all lot lines,
<br />existing and proposed structures, driveways and parking'areas, significant.
<br />topographical features and mature trees;
<br />2) evidence of ownership or an interest in the property;
<br />3) the fee required by the code of city ordinances; and
<br />4) such other information as may be required by the city.
<br />c) Public Hearing.
<br />Upon receipt of a completed application, a date will be set for a public hearing before.the
<br />City Council. The public hearing will be held only after notice has been. sent. by mail to
<br />the owners. of all properties situated. wholly or partially within 400 feet; as reflected in the
<br />certified records of the county. auditor.
<br />d) Decisions.
<br />1) A permit fora non -conforming use may granted, but is not mandated., when the.
<br />applicant meets the burden of proving that:
<br />a. the proposed use is a reasonable use of the .property, considering such things
<br />as:
<br />1. functional and aesthetic. justifications for the. use;
<br />2, adequacy of:off street. parking for the use;
<br />J. absence of adverse off-site:impacts, from such things as traffic, noisex
<br />dust, .Odors, and parking; and
<br />4. improvement to the appearance and stability of the property and
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