A. Prior Existence: Within the districts established by this title or amendments that may later be adopted, there exists lots, structures and uses of land and structures which were lawful before the ordinance codified herein was passed or amended both which would be prohibited, regulated or restricted under the terms of this title or future amendment.
B. Continuation Of Nonconformity: It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other structures or uses prohibited elsewhere in the same district. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified herein and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; provided, that such work shall be diligently carried on until completion of the building involved.
C. Legal Nonconformity: To be a legal nonconforming structure, building, lot, or use, the same must have been lawfully established on or before the effective date of this title and must have been in active use. The provisions of this section also shall apply to buildings, structures, uses of buildings or structures, or uses of land which hereafter become nonconforming due to the adoption of this title, amendments thereto, or rezonings.
D. Burden Of Proof: Landowners shall bear the burden of proof, to the satisfaction of the city's zoning administrator, to show that a lot, use of land, structure, use of structure, or characteristic of use of land that is nonconforming with the current zoning ordinances in force on the subject land comes under one or more of the exceptions to the zoning requirements provided in this section and that such otherwise nonconforming lot, use of land, structure, use of structure, or characteristic of use of land was lawfully established on the subject property. Conformity or nonconformity runs with the land, not with the owner. (Ord. 15-12, 8-17-2015)