07-25-11 Council Agenda & Packet

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{k) (2) (D) if a legally established nonconforming sign is damaged or destroyed by any means to the extent that the repair or reconstruction of the sign exceeds fifty(50)percent of the cost of construction of the entire sign, determined pursuant to Section 21- 01.03 -Determination of Cost of Construction, below, said legally established nonconforming sign shalt not be reconstructed except in conformity with the provisions of this Ordinance; (k) (2) (E) if the cost of normal and routine repair and maintenance of a legally established nonconforming sign exceeds fifty(50)percent of the cost of construction of the entire sign, determined pursuant to Section 21-01.03, (k)0)-Determination of Cost of Construction, below, said legally established nonconforming sign shall not be repaired, maintained or reconstructed except in conformity with the provisions of this Ordinance; and, (k) (3) (A) The purpose of the regulations contained in this Section 21-01.03 6EWL31- Amortization of Noncon ormin Q -Premise Si ns are intended to implement the intent set forth above. (k) (3) (D) iii. a. comply with the conditions listed in Section D-.,A-- 21-01- 03 (k) (3) (D) i., above; (k) (3) (D) iii, b. comply with the conditions listed in Section 24-0+:3-, {e} 21-01 03 (k) (3) (D) ii., above, or, (k) (3) (I) Maintenance of Legally Established Nonconforming Off-Premise Signs Legally established nonconforming off-premise signs shall be subject to the provisions of sub-Section 21-01.03 (j)U(2) above, regarding maintenance. Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Section 21-01-03 Non-Conforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by deleting in its entirety sub-section (g) Discontinuation of Legally Established Nonconforming Uses of Land, and replacing it with a new subsection (g), as follows: (g) Legally Established Nonconforming Uses of Land Where legally established nonconforming uses of land exist on the effective date of this Ordinance which would not be permitted by the provisions of this Ordinance, such uses may be continued so long as they remain otherwise lawful provided that: (1) such legally established nonconforming uses shall not be enlarged, expanded, increased or extended to occupy a greater area of land than was occupied on the effective date of this Ordinance; (2) such legally established nonconforming uses shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses on the effective date of this Ordinance;