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<br />ATTACHMENT D <br /> <br /> <br />Alternative Language for Legal Nonconforming Situations <br /> <br /> <br />Legal Nonconforming Situations <br />6.245 . An outdoor smoking area that was legally established <br />but that no longer complies with the standards in this code is considered a legal nonconforming <br />use. Change of ownership or management of an outdoor smoking area shall not affect its legal <br />nonconforming status. The continuation of an outdoor smoking area is allowed, subject to the <br />following: <br /> <br /> (1) If use of the outdoor smoking area is discontinued for a period of 365 days, it <br /> shall lose its legal nonconforming status and shall thereafter comply with the <br /> provisions of this code. <br /> (2) No outdoor smoking area may be may be expanded or intensified. <br /> (3) An outdoor smoking area that was legally established may be altered to bring the <br /> structure or area closer to compliance with existing regulations, but shall not be <br /> altered in a manner that increases its nonconformity. <br /> (4) An outdoor smoking area that is moved loses its legal nonconforming status and <br /> must conform to existing regulations. <br /> (5) An outdoor smoking area that did not comply with all applicable standards at <br /> the time of establishment shall not have legal nonconforming status. <br /> (6) An outdoor smoking area associated with a public place or place of employment <br /> for which enforcement is sustained under Section 6.235 of this code shall not <br /> have legal nonconforming status. <br />