(A) Purpose and scope.
(1) General. In the provisions established by this chapter, there exist uses of land, structures, lots of record and signs that were lawfully established before this chapter was adopted or amended, that now do not conform to its terms and requirements. The purpose and intent of this chapter 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) Permit, but not encourage non- conformities to continue. It is the intent of this chapter to permit most of these non-conformities to continue until they are removed, but not to encourage their survival, except under the limited circumstances established in this subchapter. The provisions of this subchapter are designed to curtail substantial investment in non-conformities.
(B) Authority to continue. Non-conformities are allowed to continue in accordance with the requirements of this subchapter, and are encouraged to receive routine maintenance as a means of preserving safety and appearance.
(C) Determination of non-conforming status. In all cases, the burden of establishing that a non- conformity lawfully exists shall be the responsibility of the owner of the land on which the alleged non- conformity is located.
(D) Minor repairs and maintenance. Minor repairs and normal maintenance that are required to keep non-conforming uses, structures, lots of record and signs in a safe condition are permitted; provided, the minor repair or maintenance does not extend, expand or enlarge the non-conforming use, structure, lot of record or sign. For the purposes of this section, MINOR REPAIR OR NORMAL MAINTENANCE shall mean:
(1) Maintenance of safe condition. Repairs that are necessary to maintain a non-conforming use, structure, lot of record or sign in a safe condition; and
(2) Maintenance of land for safety. Maintenance of land areas to protect against health hazards and promote the safety of surrounding land, structures and uses.
(Ord. passed 3-5-2018)