The following regulations, set out in this chapter, shall apply to all nonconforming buildings and nonconforming uses of land.
A. This chapter provides for the orderly termination of nonconforming rights for lots, structures and uses that were established but, due to revisions to the provisions of this title, no longer comply. The orderly termination of legally established nonconforming lots, structures and uses is necessary to promote the public health, safety and general welfare, and to bring such lots, structures and uses into conformity with the goals, objectives and policies of this title and the City's General Plan. Where a lot, structure or use is referred to as nonconforming it shall mean that it is legally nonconforming.
B. This chapter limits the expansion of nonconforming lots, structures and uses and establishes the circumstances under which they may be continued, and provides for the correction, maintenance, and removal of such lots, structures and uses.
C. The City finds that nonconforming lots, structures and uses within the City, both those that are legally established and those that are illegal, are detrimental to the orderly development of the City and are detrimental to the health, safety, peace, comfort and general welfare of persons and property within the City.
D. Nonconforming lots, structures, and uses shall be eliminated as set forth in this chapter and without infringing upon the constitutional rights of the owners of legally-established nonconforming properties.
E. Lots, structures, and uses not having previously acquired proper permits are illegal and subject to immediate abatement. This chapter does not grant any right to continue occupancy of property containing an illegal use or structure.
F. It shall be the property owner's responsibility to provide evidence or information to justify the establishment of nonconforming rights.
G. A change in ownership or tenancy without any change in use, occupancy, or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this chapter.
H. A use that does not conform with the loading, parking, planting area, or screening standards of the zoning district in which it is located shall not be deemed a nonconforming use solely for these reasons. (Ord. 2859, 2017)