(a) The purpose of this chapter is to recognize the existence of uses, buildings, lots, and structures that lawfully existed at the time of this Planning and Zoning Code enactment, for amendments thereto, but which now does not conform to one or more of the regulations contained in this Planning and Zoning Code. Such nonconforming status shall be permitted to continue only in conformance with this chapter. The provisions are intended to encourage greater compliance with this Planning and Zoning Code in the short term and eliminate nonconforming uses in the long term.
(b) The Zoning Administrator shall determine if a use, lot, structure, or site is less nonconforming than another use, lot, structure, or site based upon criteria such as land use intensity, required parking spaces, trip generation, potential nuisances, setbacks, bulk, or other criteria relevant to the intent of this Planning and Zoning Code.
(c) An applicant and/or owner of property that deals with nonconformity shall bear the burdon of proof in demonstrating that the use was a legal nonconformity on the effective date of this Planning and Zoning Code.
(Ord. 074-10. Passed 12-20-10.)