The BOA shall review the application and determine if the application, from the materials presented by the applicant, the existence of a legal non-conforming use, legal non-complying structure or other legal non-conformity, complies with the following:
(A) The use, structure or other non-conformity is not an allowed use, structure or other activity allowed within the zoning district; and
(B) From the evidence presented by the applicant, who shall have the burden of establishing the legal existence of the non-conforming use, non-complying structure or other non-conformity, as provided by the Act, that sufficient information, documentation and other materials have been presented by the applicant to clearly establish that the use, structure or other non-conformity, which is the subject of the application, legally existed on the date of adoption of this chapter and complied with all prior enactments of this chapter.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1308)