B. Regulations Applicable to All Nonconformities
(1) Authority to Continue
a. Nonconformities may continue to be used and occupied, subject to regulations as to the maintenance of premises and conditions of operations set forth in this Section, or unless such nonconformity is terminated as provided in this section.
b. Nonconformities shall not be modified in any way that increases the degree of nonconformity.
(2) Determination of Nonconformity Status
The burden of establishing the existence of a nonconformity shall be solely on the owner of the property containing the nonconformity.
(3) Maintenance and Minor Repair
Minor repairs and maintenance of nonconformities are permitted and encouraged; provided, that the repairs and maintenance do not increase the degree of nonconformity. Minor repairs and maintenance include the following:
a. Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of, or the exterior or interior appearance of, a building or structure without expanding the height or footprint of the building or structure, unless compliant with this Code;
b. Maintenance of land to protect against and mitigate health and environmental hazards;
c. Repairs that are required to remedy unsafe conditions; and
d. Repairs necessary to comply with current building code requirements;
e. Repainting less than 50 percent of the exterior of the structure.
(4) Change of Ownership or Tenancy
Changes in ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the standards of this Section 1.6, Nonconformities.
(5) Compliance to the Maximum Extent Practicable
Where compliance with the requirements of this section is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, hazard areas, or other significant environmental constraints, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the Director. [Ord. 2023-03 § 1 (Exh. A), 4-25-23].