(a) Continuance. The lawful use of any building or land existing at the effective date of this UDO or amendments thereto may be continued, although such use does not conform to the provisions of this Ordinance. The continued right to a nonconforming use attaches to the land and not to the owner. Such continuance is subject to the terms set forth in this Chapter.
(1) Certificate of nonconforming use required. A presumption that any nonconforming use is illegal is hereby established. The burden is on the landowner or land user to establish by a preponderance of the evidence that a pre-existing use was legal at the time it was established.
(2) Certificate of nonconforming use. The Planning Director is hereby authorized to issue Certificates of Nonconforming Use upon submission of evidence which establishes a legal pre-existing nonconforming use. The Planning Director may require a landowner or land user to submit a site plan in conformity with this UDO to demonstrate the extent of the requested nonconforming use as a condition of issuing a Nonconforming Use Certificate. A copy of each Certificate of Nonconforming Use shall be filed in the office of the Planning and Development Department.
(b) District Changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another of a different classification, within one year of the effective date of this rezoning, the Zoning Inspector shall issue a Certificate of Nonconforming Use to all owners of legal nonconforming use property, the use of which does not conform to the provisions of the use zone in which the property is located.
(c) Non-Existence of Nonconforming Status. Nonconforming use status will never have existed if the use was not a legal, substantial use of the property at the time the ordinance or amendment became effective. Examples of the non-existence of nonconforming status include the following:
(1) Where mere contemplation of a use, or the expenditure of less than ten (10) percent of total anticipated costs on preliminary work before a complete development permit application is submitted, or where a project does not substantially proceed past the planning stages within six months of the issuance of a development permit.
(2) Where multiple parcels are held in common ownership and a legal, nonconforming use is established on one or more parcels, the nonconformance will not extend to any parcel where the nonconforming use was not established.
(3) Where a portion of an individual parcel is established as a legal, nonconforming use, the nonconformance will not extend to the remaining portion where it is physically separated by a road or natural barrier. This provision shall not apply to lots within a nonconforming manufactured home park.
(4) Where a contemplated use is merely incidental or accessory to an established nonconforming use.