Within the districts established by this code, some lots, uses of lands or structures, or combinations thereof may exist which were lawful prior to the effective date or amendment of this code, but that are prohibited, regulated or restricted under the terms of this code. The legitimate interests of those who lawfully established these nonconformities, especially when dealing with a person’s residence, are herein recognized by providing for the continuance of such uses, subject to regulations limiting their completion, restoration, reconstruction, extension and/or substitution. Nevertheless, while it is the intent of this code that such nonconformities be allowed to continue until removed, they should not be encouraged to survive, unless otherwise allowed in this chapter or specifically addressed in this code.
(Ord. 21-161, passed 12-13-2021)
(a) Any structure, land or use of land or a structure that existed at the time of the effective date of this code that was legally established under a previous code amendment or versions may be continued even if such use, building, structure or use of land does not conform to the provisions of this code.
(b) Passage of this code in no way legalizes any illegal uses existing at the time of its adoption.
(c) An applicant for any development review procedure (e.g., zoning permit, site plan review, variance and the like) that deals with a nonconformity shall bear the burden of proof in demonstrating that the use was a legal nonconformity on the effective date of this code.
(Ord. 21-161, passed 12-13-2021)
(a) At the time of application for a zoning permit, or request for variance regarding a nonconforming lot, building, structure or use, the property owner shall submit sufficient evidence for the Code Administrator or ZBA, as applicable, to determine that such lot, building, structure, or use was lawfully created or established in accordance with the code regulations in existence at that time.
(b) If the evidence submitted indicates the lot, building, structure or use was legally established and has since become nonconforming because of the establishment of, or amendment to, this code, the Code Administrator shall issue a zoning permit identifying it as a legal nonconformity. A copy of such certificate shall be kept on file in the offices of the Code Administrator.
(Ord. 21-161, passed 12-13-2021)
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