(A) Applicability.
(1) A "nonconformity" is any use, building, structure, or lot which lawfully existed prior to the adoption of this chapter on June 5, 2017 and which fails to comply with one or more of the applicable regulations or standards established herein.
(2) A nonconformity is also any use, building, structure, or lot which was lawfully created, or constructed, under this chapter but which was subsequently rendered nonconforming due to circumstances that were not self-created.
(B) Purpose and scope.
(1) The purpose and intent of this section is to regulate and limit the continued existence of those uses, structures, lots of record, and signs that do not conform to the provisions of this chapter, or any subsequent amendments.
(2) It is the intent of this chapter to permit most of these nonconformities to continue until they are removed, but not to encourage their continuance except under the limited circumstances established in this section. The provisions of this section are designed to curtail substantial investment in nonconformities.
(C) Authority to continue. Nonconformities are allowed to continue in accordance with the requirements of this section, and are encouraged to receive routine maintenance as a means of preserving safety and appearance.
(D) Determination of nonconforming status. In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the alleged nonconformity is located.
(E) Minor repairs and maintenance. Minor repairs and normal maintenance that are required to keep nonconforming uses, structures, and lots of record in a safe condition are permitted, provided the minor repair or maintenance does not extend, expand, or enlarge the nonconforming use, structure, or lot of record.
(Ord. passed 6-21-21)