(A) Intent. Within the districts established by this chapter there may exist structures, lots, uses of land, and characteristics of uses which were lawful before this chapter was adopted or amended, but which would be prohibited or regulated under the term of this chapter or future amendments. This chapter intends to permit these nonconformities to continue until they are removed, but not to encourage their survival. With the knowledge that some nonconforming uses, buildings, or structures shall not disappear, the city desires and requires, in pursuit of the public interest, to distinguish between nonconforming uses, buildings, or structures which shall be eliminated as rapidly as possible and nonconforming uses, buildings, or structures which ought to be given separate treatment.
(B) Board authority to permit some changes. In recognition of this fact, the Board shall have the authority to permit some expansion or changes to lawfully existing nonconforming uses based upon the standards set forth in this subchapter.
(C) Status of alleged nonconformities. Those alleged nonconforming uses, structures, or uses and structures in combination, which cannot be proved conclusively to have been lawfully existing before the enactment or amendment of this chapter, shall be declared illegal uses and shall be discontinued. In other than criminal proceedings, the owner, occupant, or user shall have the burden to show that the lot, use, or structure was lawfully established.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)