§ 118-199. Conditions for continuation of nonconformities.

(a)

Lawful nonconformities. A lawful nonconforming commercial, industrial, or multi-family parcel, a lawful nonconforming building or accessory structure, or a lawful nonconforming use, which:

(1)

Was legally established prior to the effective date of this chapter,

(2)

Was legally established prior to the effective date of an amendment to this chapter; or

(3)

Has been rendered nonconforming due to circumstances which were not self-created,

may only be continued or maintained in accordance with this article.

(b)

Unlawful nonconformities. A nonconforming commercial, industrial, or multi-family parcel, a nonconforming building or accessory structure, or a nonconforming use which:

(1)

Was not legally established prior to the effective date of this chapter,

(2)

Was not legally established prior to the effective date of an amendment to this chapter, or

(3)

Has been rendered nonconforming due to circumstances which were self-created,

constitutes an unlawful nonconforming use, building, accessory structure or parcel and must be immediately brought into conformity with this chapter, discontinued or otherwise terminated. For purposes of application, a nonconforming commercial, industrial, or multi-family parcel, a nonconforming building or accessory structure, or a nonconforming use which does not meet the definition of a lawful nonconforming commercial, industrial, or multi-family parcel, a lawful nonconforming building or accessory structure, or a lawful nonconforming use shall constitute an unlawful nonconforming use, building, accessory structure or parcel and be subject to the provisions of this subparagraph.

(c)

Burden of establishing legality of nonconformity. The burden of establishing:

(1)

That any nonconforming use, building, accessory structure or parcel was legally established;

(2)

When such nonconforming use, building, accessory structure or parcel was legally established;

(3)

That the circumstances which rendered a building, accessory structure or parcel nonconforming were not self-created;

(4)

The extent and limits of the nonconformity;

(5)

The applicable amortization period; and

(6)

Otherwise establishing that such use, building, accessory structure or parcel constitutes a lawful nonconformity under the provisions of this article shall, in all cases, be upon the owner of such use, building, accessory structure or parcel based on substantial competent evidence.

(Ord. No. 03-17, § 2, 7-10-03)