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A. Authority to Continue.
1. Any use, structure, lot, or sign that existed as a lawful nonconformity at the time of the adoption of this Ordinance, and any structure, lot, or use that has been made nonconforming because of the terms of this Ordinance or any subsequent amendments, including map amendments, may continue subject to the provisions of this chapter so long as it remains otherwise lawful.
2. If property is used in a manner that was classified as a permitted use prior to the effective date of this Ordinance, and that use is now classified as a conditional use as of the effective date of this Ordinance, that use is deemed a nonconforming use. Such uses are allowed to continue and are controlled by the provisions of this chapter. However, any addition, enlargement, or expansion of the use is required to obtain a conditional use permit at the time of the addition, enlargement, or expansion.
3. A use, structure, lot, or sign that is unlawful at the time of the adoption of this Ordinance remains unlawful if it does not conform with each and every requirement of this Ordinance. A use, structure, or sign is unlawful when present on an unlawful lot. An unlawful use, structure, or sign is a violation of this Ordinance and subject to Chapter 16.84 (Enforcement).
B. Burden on Property Owner to Establish Status. In all cases, the burden of establishing the status of a nonconformity are upon the property owner of the structure, use, or lot.
C. Safety Regulations. All regulations enacted to promote public health, safety, and welfare including, but not limited to, all building, fire, and health codes, apply to nonconformities.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 20.2; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)