§ 8.1. General Applicability.

A.

Purpose and Scope. In the provisions established by this Code, there exist uses of land, structures, lots of record, signs, and other site features that were lawfully established before this Code was adopted or amended, that do not conform to its terms and requirements. It is the general policy of the City to allow such uses, structures, lots of record, signs, and other site features to continue to exist. It also is the policy of the City to bring as many nonconformities into conformance with this Code as is reasonably practicable, subject to the requirements of this article. The purpose and intent of this article is to recognize the interests of the landowner in continuing to use the land, but to preclude the expansion of a nonconformity or reestablishment of a discontinued or substantially destroyed nonconformity.

B.

Applicability. This article applies to nonconformities created by initial adoption of, or amendments to, this Code unless otherwise expressly provided by provisions in this Code.

C.

Continuation Allowed. 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.

D.

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.

E.

Minor Repairs and Maintenance. Minor repairs and normal maintenance that are required to keep nonconforming uses, structures, lots of record, signs, and other site features in a safe condition are permitted. For the purposes of this section, "minor repair or normal maintenance" shall mean:

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.

F.

Change of 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.