Evidence of the status of a nonconforming structure, use of land or use in a structure shall be supplied by the owner of the property upon request of the building official. Any nonconforming use that has not been issued a certificate of nonconformity within twelve (12) months of notification by the city shall lose its status as a legal nonconforming use and shall be discontinued.
A. Proof Of Status: One or more pieces of evidence predating the effective date hereof shall be provided by the applicant and included with the application. Evidence of nonconformity shall be in the form of:
1. Building, land use or development permits;
2. City or state zoning, tax assessor or aerial maps;
3. Repair and maintenance bills and receipts giving proof of the nonconformity's existence;
4. Remodeling, mechanical and electrical equipment contractors' receipts for installation and construction affecting the nonconformity;
5. Bills of sale and contracts;
6. Business licenses;
7. Listing in telephone or business or similar publications; and
8. Any other evidence that the building official deems appropriate to the nonconforming structure, land use or use in a structure.
B. Review Of Information; Issuance Or Denial Of Certificate: The building official shall review the applicant's evidence of preexisting, nonconforming status and determine if the nonconforming situation is valid. When such a determination is made, the building official shall issue a certificate of nonconformity to the applicant verifying the nature of the nonconformity, date upon which the nonconformity occurred, the duration of the nonconformity and the legal description of the nonconforming property. An official copy of the certificate of nonconformity shall be retained by the city clerk. If the building official determines that the evidence is insufficient or unsatisfactory, the applicant may appeal the building official's determination to the board of zoning appeals and planning pursuant to subsection 10-4-3L of this title. In addition, a certificate of nonconformity shall be required for all lawful nonconforming uses of land or buildings created by the adoption of this title. The application for the certificate of nonconformity shall be filed with the building official within one year after notification by the city of the nonconformity. The applicant shall apply for a change in use permit if there is a change from one use to another, in conformance with section 10-6-6 of this chapter. The city shall record the notice of nonconformity and subsequent certification. (Ord. 03-O-9, 3-18-2003)