9.1.2. APPLICABILITY

   This Article applies to nonconforming uses , buildings , or structures created by initial adoption of or amendments to the UDC . It also applies to nonconforming uses , buildings , or structures that were legal nonconforming under previously applicable ordinances and nonconforming created by the adoption of original City zoning for a newly annexed areas, even if the type or extent of nonconformity is different.

9.1.3. CONTINUATION PERMITTED

   Any nonconforming use , building , or structure that legally existed on January 2, 2013, or that becomes nonconforming upon the adoption of any amendment to the UDC or original City zoning may be continued in accordance with the provisions of this article.

(Am. Ord. 11070, 5/14/2013)

9.1.4. DETERMINATION OF NONCONFORMING STATUS

   The burden of establishing that a nonconforming use , building , or structure is a legal nonconformity, in all cases, is solely upon the owner of such nonconformity. Application requirements are established by the Planning and Development Services Department (PDSD) Director .

9.1.5. REPAIRS AND MAINTENANCE

   Incidental repairs and normal maintenance of nonconforming buildings or structures are permitted unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by the UDC . Nothing in this article shall be construed to prevent structures from being structurally strengthened or restored to a safe condition to conform to the City ’s adopted Building or Fire Code.

9.1.6. RESTORING UNSAFE STRUCTURES

   Nothing in this UDC shall prevent the strengthening, restoration, or upgrading of a structure to conform to the City ’s adopted Building or Fire Code.

9.1.7. TENANCY AND OWNERSHIP

   The status of a nonconformity is not affected by changes of tenancy, ownership, or management.

9.2. NONCONFORMING USE

   A nonconforming use may be discontinued, resumed, expanded, or substituted with another nonconforming use as provided below.