(a) Authority to Continue. The lawful use of any dwelling or structure and of any land or premises existing and lawful at the time of the enactment of this Code, or any amendment thereto, may continue, although such use does not conform to the provisions of this Code or amendment thereto. Nevertheless, while it is the intent of this Code that such non-conformities be allowed to continue until removed, they should not be encouraged to survive. Therefore, no non-conformity may be moved, extended, altered, expanded or used as grounds for any other use or structure prohibited elsewhere in the district, except as specifically provided for in this Code.
(b) Conditional Uses. Any use which is permitted as a conditional use in a district under the terms of this Code shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming use provided the use meets all approval criteria and conditions established by the Zoning Code, the Planning Commission, or the Board of Zoning and Building Appeals for the conditional use.
(c) Accessory Uses. A non-conforming use that is accessory to a principal use shall not make the principal use non-conforming.
(d) Determination of Non-Conformity Status. The burden of establishing that a non- conformity lawfully exists shall be on the owner of the land on which the purported non- conformity is located.
(Ord. 104-2010. Passed 11-22-10.)