§ 3. Preserving rights.

A.

Non-conforming uses or structures. Any use or structure that existed as a non-conforming or previously conforming use or structure under Ordinance 97-015-15 prior to adoption of this ordinance shall be permitted to continue as a non-conforming use or structure, subject to the provisions of section 34, "non-conforming uses, lots and structures", unless such use or structure is made a conforming use or structure under this ordinance.

B.

Exemptions to non-conforming regulations. Any use that does not conform to the provisions of this ordinance that require the use to have a conditional use permit, but which existed as a conforming use without a conditional use permit under Ordinance No. 97-015-15 prior to the adoption of this ordinance, shall be permitted to continue as a non-conforming use and shall not be subject to the provisions of section 34, non-conforming uses, lots and structures, of this ordinance. In the event such a use is replaced by or changed to a use conforming to the provisions of this ordinance, the nonconforming use shall be considered void and only uses conforming to this ordinance will be permitted thereafter. The burden of proof that the exemption provided by this section exists shall rest on the property owner.

C.

Illegal use or structures. By adoption of this ordinance, no presently illegal use or structure shall be deemed to have been legalized unless such use or structure falls within a district where the actual use and structure conform to the provisions of this ordinance.