a.

Authority to continue. Nonconformities are allowed to continue and are encouraged to receive routine maintenance in accordance with the requirements of this article as a means of preserving safety and appearance.

b.

Determination of nonconformity status. In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the nonconformity is located.

c.

Minor repairs and maintenance. Minor repairs and normal maintenance that are required to keep nonconforming uses, structures, lots of record, signs, and site features in a safe condition are permitted. For the purposes of this subsection, minor repair or normal maintenance means:

1.

Repairs that are necessary to maintain a nonconforming use, structure, lot of record, sign, or site feature in a safe condition; and

2.

Maintenance of land areas to protect against health hazards and promote the safety of surrounding uses.

d.

Change in tenancy or ownership. No change of title or possession or right to possession of land involved shall be construed to prevent the continuance of such nonconformity.

(Ord. No. 9572, § 2, 12-17-24)