(a) Any structure, land, or use of land or a structure that existed at the time of the effective date of this code, that was legally established under a previous code amendment or versions, may be continued even if such use, building, structure, or use of land does not conform to the provisions of this code.
(b) For the purposes of this code, and any future amendments, any use, building, or structure that can be proven to have existed prior to January 1, 1990, is deemed to be legally established.
(c) Whenever any nonconformity has been changed so that the use, structure, or condition conforms to the requirements of this code, such use, structure, or condition shall no longer be defined as a nonconformity, nor shall the property or structure be returned to the former nonconformity.
(d) To avoid undue hardship, nothing in this code 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 this code and upon which actual building construction has been carried on diligently. Actual use is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. 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 the work shall be carried out diligently. See also Section 1101.10.
(e) An applicant for any development review procedure (e.g., zoning permit, conditional use, variance, etc.) that involves a nonconformity shall bear the burden of proof in demonstrating that the use, building, or structure, or combination thereof, is a legal nonconformity.
(f) The ZEO may, upon their own initiative, or shall upon the request of any owner, issue a zoning permit for any lot, structure, use of land, use of structure, or use of land and structure in combination, that certifies that the lot, structure or use is a valid nonconforming use. The permit shall specify the reason why the use is a nonconforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming. The purpose of this section is to protect the owners of lands or structures that are or become nonconforming. No fee shall be charged for such a permit. One (1) copy of the permit shall be returned to the owner and one copy shall be retained by the ZEO, who shall maintain as a public record a file of all such permits.
(g) Passage of this code in no way legalizes any illegal uses existing at the time of its adoption.
(h) Existing Use Reclassified as a Conditional Use. In the event an existing use that was permitted by right at the time the use was established is thereafter reclassified as a conditional use in the applicable district due to a zoning text amendment, such use shall be considered to be an approved conditional use without any further action. However, any subsequent change to such use shall require review and approval in accordance with Section 1103.06. Such use, provided it is conditionally permitted in the applicable district, shall not be considered a nonconforming use.
(Ord. 2024-032. Passed 7-22-24.)