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14.01.01 Scope. The regulations of this article govern uses, structures, and lots that came into existence legally but that do not conform to one or more requirements of this zoning ordinance. These are referred to as "nonconformities." Nonconformities are legal situations and have legal status under this zoning ordinance.
14.01.02 General Policy. To encourage development consistent with this zoning ordinance and provide landowners with reasonable use of their land, it is the general policy of the city to allow uses, structures, and lots that came into existence legally prior to adoption of the city's first zoning ordinance or in conformance with then-applicable requirements to continue to exist and be put to productive use, but to bring as many aspects of such situations into compliance with existing regulations as is reasonably possible. While allowing such nonconformities to remain, it is not necessarily the policy of the city to encourage their long-term survival.
14.01.03 Purpose. The regulations of this article are intended to:
(A) Recognize the interests of landowners in continuing to use their property for purposes and activities that were legally established;
(B) Allow ongoing maintenance and upkeep of nonconforming situations until such time as the nonconforming situation is abandoned; and
(C) Prohibit the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.
14.01.04 Authority to Continue. Any nonconformity that exists before August 15, 2006 or that becomes nonconforming upon the adoption of any amendment to this zoning ordinance may be continued in accordance with the provisions of this article.
14.01.05 Determination of Nonconformity Status. The burden of proving that a nonconformity exists rests with the subject landowner.
14.01.06 Repairs and Maintenance.
(A) Incidental repairs and normal maintenance necessary to keep a nonconforming structure in sound condition are permitted unless such repairs are otherwise expressly prohibited by this zoning ordinance.
(B) Nothing in this article will be construed to prevent structures from being structurally strengthened or restored to a safe condition in accordance with an official order of a public official.
14.01.07 Change of Tenancy or Ownership. Nonconformity status runs with the land and is not affected by changes of tenancy, ownership, or management.
(Ord. O-37-06, passed 8-15-06)