(1) Any use, building, structure, land, or combination thereof that exists at the time of the effective date of this code that was legally established under a previous code amendment or versions may be continued although such use, building, structure, or combination thereof does not conform to the provisions of this code.
(2) Passage of this code or amendment in no way legalizes any illegal uses existing at the time of its adoption.
(3) An applicant for any development review procedure that deals with a nonconformity shall bear the burden of proof in demonstrating that the use was a legal nonconformity on the effective date of this code.
(4) Any lot, structure, or use lawfully existing upon the effective date of this code may continue in the size and in the manner of operation existing upon such effective date except as hereinafter specified.
(5) The burden of establishing that a legal nonconforming use, structure, or lot exists shall be on the owner or user of the land, lot, or structure.
(6) The requirements of this section shall not apply to a nonconforming structure or lot that is the subject of approved variances or waivers in any zoning district where such variances or waivers address all nonconformities related to the structure or lot.
(7) The requirements of this section shall not apply to a development standard or feature that is the subject of an approved variance, waiver, or modification of standards in a PD district. Where a variance, waiver, or modification has been granted for a development standard or feature that does not otherwise conform to the requirements of this code, that development standard or feature shall be deemed conforming.
(8) Minor repairs and normal maintenance of a nonconforming structure, or a structure containing a nonconforming use is permitted. This includes necessary structural repairs provided such structural repairs do not enlarge or intensify the nonconforming building, structure, or use.
(9) Interior alterations may be made to a structure containing legal nonconforming residential dwelling units when the alterations will improve the livability of said units, providing the alterations will not increase the number of dwelling units.
(10) Applicability of Variances, Administrative Waivers, and Alternative Equivalent Compliance Approvals
(a) If a variance, administrative waiver, or alternative equivalent compliance approval is granted by the Zoning Administrator or review board for a requirement that applies to a use, structure, or lot then such use, structure, or lot shall not be deemed a nonconformity provided it complies with all other aspects of this code.
(b) When a property owner or authorized agent is granted a variance or administrative waiver for a nonconformity that addresses the nonconforming issue (a legal nonconformity established prior to the effective date of this code or amendment thereto), then the use, structure, or lot shall no longer be considered a nonconformity. In no case shall the resolved nonconformity be expanded or altered to create further nonconformities.
(c) If a property owner or authorized agent is granted a variance or administrative waiver for a nonconformity that addresses some nonconformities but additional nonconformities continue, the use shall still be subject to the provisions of this chapter for all remaining nonconformities.
(Ord. 5-14, passed 3-17-2014)