(a) Passage of this Zoning Ordinance in no way legalizes any illegal uses existing at the time of its adoption.
(b) The governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required yard of building setback below that required in the applicable zoning district shall not render a structure nonconforming.
(c) The change in ownership of a nonconforming building, structure, use or lot of record does not, in itself, require the nonconformity to be corrected.
(d) An applicant for any development review procedure 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 Zoning Ordinance.
(e) Any use, building, structure, land or premises that existed at the time of the effective date of this Zoning Ordinance that was legally established under a previous Zoning Ordinance amendment or versions may be continued even if such use, building, structure, or use of land does not conform to the provisions of this Zoning Ordinance.
(f) The requirements of this chapter shall not apply to a development standard or feature that is the subject of an approved variance, waiver, or modification of standards in a Cluster Subdivision or PUD. Where a variance, waiver, or modification has been granted for a development standard or feature that does not otherwise conform to the requirements of this Zoning Ordinance, that development standard or feature shall be deemed conforming.
(Ord. 30-22. Passed 12-12-22.)