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(A) Authority to continue. Any nonconforming use of land or a nonconforming use of a conforming structure that lawfully existed as of the passage of this code and that remains nonconforming, and any nonconformity that is created as a result of the adoption of this code or any subsequent amendment to the text of this code, may be continued or maintained as a legal nonconformity only in accordance with the terms of this section.
(B) Determination of nonconformance status. The city shall have the burden to show that a nonconforming structure, lot or use was unlawfully established prior to the effective date of this code.
(C) Change of ownership or tenancy. Changes of ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the provisions of this section.
(D) Maintenance and minor repair. Minor repairs or maintenance of nonconformities are permitted, provided that the minor repairs and maintenance do not increase the extent of nonconformity. For purposes of this section, MAINTENANCE OR MINOR REPAIR shall mean:
(1) Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or exterior or interior appearance of a building or structure without expanding the building or structure;
(2) Maintenance of land areas to protect against health and environmental hazards; and
(3) Repairs that are required to remedy unsafe conditions that cause a threat to public safety.
(Ord. 648-18, passed 11-28-2018)