§ 27-551. General.

(a)

Scope. The regulations of this division govern nonconformities, which are lots, uses and structures that were lawfully established but—because of the adoption of new or amended regulations—no longer comply with one or more requirements of this zoning ordinance.

(b)

Intent. Occasionally, lots, uses, and structures that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) are made nonconforming because of changes in the zoning regulations that apply to the subject property (e.g., through zoning map changes or amendments to the text of the zoning ordinance). The regulations of this division are intended to clarify the effect of this nonconforming status and avoid confusion with "illegal" buildings and uses (i.e., those established in violation of applicable zoning regulations). The regulations of this division are also intended to:

(1)

Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

(2)

Promote maintenance, reuse and rehabilitation of existing buildings; and

(3)

Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.

(c)

Authority to continue. Any nonconformity that existed on the effective date specified in section 27-4 or any situation that becomes nonconforming upon adoption of any amendment to this zoning ordinance may be continued in accordance with the regulations of this division unless otherwise expressly stated.

(d)

Determination of nonconformity status.

(1)

The burden of proving a nonconformity was lawfully established rests entirely with the subject landowner.

(2)

A preponderance of evidence must be provided by the subject landowner and be sufficient to show that the nonconformity was lawfully established before adoption of the subject regulations. Evidence must also indicate that the nonconformity has been continuous and that the situation has not lost its nonconforming status. Examples of reliable evidence include: business licenses; building permits; zoning compliance permits; city/county billing records; utility billing records; assessment, tax or rent records; and directory listings.

(3)

The community development director is authorized to determine whether adequate proof of nonconforming status has been provided by the subject landowner.

(4)

Appeals of the community development director's decision on nonconforming status determinations may be appealed in accordance with the appeal procedures of article V, division 8.

(e)

Repairs and maintenance.

(1)

Nonconformities must be maintained to be safe and in good repair.

(2)

Repairs and normal maintenance that do not increase the extent of nonconformity and that are necessary to keep a nonconformity in sound condition are permitted unless otherwise expressly prohibited by this zoning ordinance.

(3)

Nothing in this division is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized city official.

(f)

Change of tenancy or ownership. Nonconforming status runs with the land and is not affected by changes of tenancy, ownership or management.

(Ord. No. 2013-10-15, § 1(Exh. A § 27-29.10), 10-14-2013)