1278.02 ESTABLISHMENT OF NONCONFORMING USES; BURDEN OF PROOF.
   (a)   The use of a building, structure or land, existing and lawful at the time of the adoption of a zoning regulation or at the time of an amendment of a regulation, may, except as provided in this section, be continued, although such use does not conform with such regulation or amendment. Such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension. If such nonconforming use is in fact discontinued for a period of twelve months, such right to the nonconforming use shall be forfeited and any future use of the building and premises shall conform to such regulation.
   (b)   The burden of showing the facts necessary to establish the existence of a nonconforming use and of a right to continue such use shall be upon the person asserting that the lot, tract of land, building or structure enjoys such status.
(Ord. 1049. Passed 2-26-85.)