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501492v1 SJS NE136-8 <br /> <br />(6) Whenever any such use is superseded by a permitted use, the nonconforming status of the <br />premises shall terminate. <br /> <br />Sec. 8-450. Regulations as to Type 3 Nonconformities. <br /> <br />The Type 3 nonconformities may continue for a period of twelve months from February 13, <br />1975, whereupon such nonconforming use shall cease. <br /> <br />Sec. 8-460. Regulations as to Type 4 Nonconformities. <br /> <br />(1) Where Type 4 nonconformities are present and are proposed to continue, expansion of the <br />existing structure or use, construction of new structures, or resumption of use after <br />discontinuance of use for six or more months shall be allowed only upon permission of the City <br />Council. The procedure (not conditions) shall be the same as that for a variance, Section 8-220. <br />The fee for processing a nonconforming use shall be established by resolution. <br /> <br />(2) Such permission may be granted only if one or more of the following conditions are met: <br />A. The total number of nonconformities is reduced. <br />B. The impact of the expansion of any nonconformity upon adjacent premises is reduced <br />to the greatest practical extent. <br />C. The extent of any nonconformity is reduced where practical. <br /> <br />(3) The City Council may condition the granting of such permission to more effectively carry out <br />the intent of the Zoning Code. <br /> <br />(4) Expansion of a Type 4 nonconformity shall meet the requirements of Section 8-460 (1) through <br />(3) except that the conditions for a variance must also be present. For the purposes of this Chapter, <br />such permission shall be called a nonconforming use variance. <br /> <br />(5) Removal or destruction of the principal structure shall terminate the right to continue any <br />nonconforming use of the premises. <br /> <br />Sec. 8-470. Eminent Domain. <br /> <br />Where the taking under eminent domain of a portion of the land upon which there existed a lawful <br />use of the land or a structure thereon prior to such taking results in such use becoming unlawful under <br />the Zoning Code, such use is a nonconforming use and may be continued under the provisions of this <br />Chapter. <br /> <br />Sec. 8-480. Repairs and Maintenance. <br /> <br />Repair and maintenance work may be permitted by the City on buildings included in Type 2 and <br />Type 4 Nonconformities so long as the cost does not exceed fifty percent of the current assessor's <br />market value for such building and so long as such work does not involve repair or replacement of the <br />foundation or bearing walls. Where the cost of such work exceeds fifty percent of the current