(a) Any structure, land, or use of land or a structure that existed at the time of the effective date of this code, that was legally established under a previous code amendment or versions, may be continued even if such use, building, structure, or use of land does not conform to the provisions of this code.
(b) For the purposes of this code, and any future amendments, any use, building, or structure that can be proven to have existed prior to the adoption of Ordinance 82-61, effective February 10, 1983, is deemed to be legally established.
(c) An applicant for any development review procedure (e.g., certificate of zoning approval, site plan review, variance, etc.) that involves a nonconformity shall bear the burden of proof in demonstrating that the use, building, or structure, or combination thereof, was a legal nonconformity after February 10, 1983.
(d) Passage of this code in no way legalizes any illegal uses existing at the time of its adoption.
(e) Existing Use Reclassified as a Conditional Use. In the event an existing use that was permitted by right at the time the use was established is thereafter reclassified as a conditional use in the applicable district due to a zoning text amendment, such use shall be considered to be an approved conditional use without any further action. However, any subsequent change to such use shall require review and approval in accordance with Section 1129.04. Such use, provided it is conditionally permitted in the applicable district, shall not be considered a nonconforming use.
(Ord. 2022-22. Passed 5-10-22.)