§ 153.263 REQUIRED FINDINGS FOR APPROVAL OR DENIAL OF A DETERMINATION OF THE EXISTENCE OF A LEGAL NON-CONFORMING USE, LEGAL NON- COMPLYING STRUCTURE OR OTHER LEGAL NON-CONFORMITY APPLICATION BY THE BOA.
   (A)   If the BOA finds 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, as adopted, and all other land use ordinances and requirements, as applicable, and complied with all prior enactments thereof, the application shall be approved. Following the approval by the BOA of a determination of the existence of a legal non-conforming use, legal non-complying structure or other legal non-conformity application, the applicant may apply for other necessary approvals, licenses or permits as may be applicable and authorized by this chapter.
   (B)   If the BOA finds that the use, structure or other non-conformity which is the subject of the application did not legally exist on the date of adoption of this chapter, as adopted, and all other land use ordinances and requirements, as applicable, and did not comply with all prior enactments thereof, the application shall be denied and no other approvals, licenses or permits shall be approved that are related to the use, structure or other non-conformity.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1309)