5.1.1 Scope. The regulations of this Article govern lots, uses, buildings, signs, and other aspects of development that came into existence lawfully, but do not conform to one or more requirements of this ordinance. These are referred to as nonconformities.
5.1.2 Purpose. The regulations of this Article are intended to:
A. Recognize the interests of property owners in continuing to use their property for lawful purposes;
B. Promote reuse and rehabilitation of existing buildings; and
C. Place reasonable limits on the expansion or alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.
5.1.3 Change of tenancy or ownership. Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management.
5.1.4 Nonconformity resulting from governmental action. Nonconformities resulting from governmental action shall obtain nonconforming status to the extent that said action causes noncompliance with any provision of this ordinance.
5.1.5 Nonconforming use certificates.
A. The burden of proving that a situation is a nonconformity, as opposed to an illegal situation, rests with the subject landowner.
B. It shall be unlawful to maintain or continue any nonconforming use until a nonconforming use certificate has been issued. However, nonconforming uses existing as of the effective date of this ordinance shall be permitted to continue for a six-month period from the time of notification by the UDO Administrator that there is a nonconformity that necessitates obtaining such certificate.
C. The nonconforming use certificate shall indicate the date on which the use will be discontinued, or that the use may be continued indefinitely according to terms and limitations of this ordinance.
(Ord. passed 2-3-2021)