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(A) Purpose and Scope. Within the districts established by this chapter or by amendments that may later be adopted, there exist the following:
(1) Non-conforming lots;
(2) Non-conforming uses of land;
(3) Non-conforming structures;
(4) Non-conforming uses of land and structures in combination; and
(5) Non-conforming characteristics of use; which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments hereto. It is the intent of this chapter to permit these non-conforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that non-conforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses which are prohibited elsewhere in the same district.
(B) Illegal Uses. Illegal uses existing at the time this ordinance is enacted shall not be validated by virtue of its enactment.
(C) Burden of Owner to Establish Legality of Non-conformity. The burden of establishing the legality of a non-conformity that is lawfully existing under the provisions of this chapter is upon the property owner of the non-conformity and not upon the City.
(Ord. 62-12-95, passed 1-22-96)