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A nonconforming use which has been discontinued or a nonconforming structure or site improvement which has been damaged or destroyed may be re-established or reconstructed if:

(1) The nonconforming use, structure, or site improvement, which previously existed, is not expanded;

(2) A new nonconformance is not created; and

(3) The use has not been discontinued for more than 12 months prior to its re-establishment, or the nonconforming structure or site improvement is reconstructed pursuant to a complete permit application submitted to the Department within 12 months of the occurrence of damage or destruction. (Ord. 42-02 § 2 (21A.32.045))