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.

9.2.1. DISCONTINUANCE OF A NONCONFORMING USE

   A nonconforming use may be resumed if thenonconforming use activity has been discontinued for less than six months.

   A.   A discontinued nonconforming use may be substituted with another nonconforming use , as provided by Section 9.2.3, Substitution with a Use within the Same Land Use Class, and Section 9.2.4, Substitution with a Use from a Different Land Use Class, provided such nonconforming use is substituted within the six-month period.

   B.   The right to resume a nonconforming use is lost if the discontinuance is for six months or more or if a change to a conforming use occurs. Determination of discontinuance is based upon a consideration of relevant activities and records, including, but not limited to, business license records and/or utility records and the continued maintenance of the property which indicates the intent to continue or discontinue such use. Property left in disrepair or in an unkempt condition is considered in the discontinuance of the use.