3.11.360 Nonconforming Activities

Any lawfully established operation, use, or structure existing at the time of enactment or affected by subsequent amendment of this ordinance, but not in conformity with its provisions, may be continued subject to the following:

(a) No such activity shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity with this ordinance unless a permit is obtained.

(b) Any project specifically designed to achieve compliance with existing tribal or federal health, sanitary, building, or safety code specifications which are solely necessary to assure safe living conditions shall not be restricted under this ordinance, provided that the Bad River Natural Resources Department or the Wetlands Ordinance Administrator may impose reasonable terms and conditions to protect wetlands. The burden of proof of establishing the existence of a non-conforming use shall be upon the person requesting such a determination. If there is a reasonable doubt as to the factual existence of a nonconforming use, the Bad River Tribal Council shall make a final determination as to the status of the use.