(A) Purpose and intent. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is the general policy of the city to allow legally existing uses and structures to continue in productive use, but also to bring these uses as nearly into compliance with existing regulations as is reasonably possible. In furtherance of that policy, these regulations are intended to do the following:
(1) Recognize the interests of property owners in continuing to use their property;
(2) Promote reuse and rehabilitation of existing buildings; and
(3) Place reasonable limits on the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.
(B) Applicability. This chapter applies to nonconformities created by initial adoption or amendments to this chapter. It also applies to nonconformities that were legal nonconformities under previously applicable ordinances, even if the type or extent of nonconformity is different.
(C) Authority to continue. Any nonconformity that legally exists on the effective date of this chapter or that becomes nonconforming upon the adoption of any amendment to this chapter may be continued in accordance with the provisions of this chapter.
(D) Determination of nonconformity status.
(1) The burden of establishing that any nonconformity is a legal nonconformity shall in all cases be solely upon the owner of such nonconformity.
(2) An illegal nonconforming use shall not be validated by the adoption of this chapter.
(3) The casual, intermittent, temporary or illegal use of land, buildings or premises shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(E) Minor repairs and maintenance. Incidental repairs and normal maintenance of nonconformities shall be permitted unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by this chapter. Nothing in this chapter shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an order of a public official.
(F) Change of tenancy or ownership. Change of tenancy or ownership shall not affect the nonconforming status of a property or use, provided that there is no change in or expansion of the use or nonconformity.
(Ord. 17, 2006, passed 11-27-2006)