(A) Purpose. The purpose of this subchapter is to define and regulate different types of nonconformities with the intent that ultimately most nonconformities will be eliminated or brought into compliance with the requirements of this chapter.
(B) Classification of Nonconformities. An existing building, structure, use, or lot legally established prior to the effective date of this chapter, or subsequent applicable amendments thereto, that does not conform to one or more of the regulations currently applicable to the zoning district in which the building, structure, use or lot is located shall be classified as a nonconformity and subjected to the regulations of this subchapter.
(C) Interpretations. The regulations for nonconforming uses shall apply not only to the principal building but also to all accessory buildings or structures located on the same lot. In addition, the regulations of this subchapter pertaining to a building occupied by a nonconforming use shall apply not only to a building which is completely occupied by such a use, but shall also apply to a building in which the nonconforming use occupies only a portion of the building.
(D) Evidence of Legal Status. The evidence of the legal status of a nonconformity shall be supplied by the owner of the property upon request of the Zoning Administrator. Owners who fail to present sufficient evidence to indicate that the nonconformity was lawfully established at some point may be denied the rights and privileges granted by this subchapter and may subject the owner to enforcement proceedings by the City in order to obtain full compliance with this chapter. An owner of record seeking to establish the legal status of a nonconformity shall provide documentation, in a form acceptable to the Zoning Administrator of the following:
(1) The date of construction for all buildings and structures or the date the use was initially established. Such documentation may include, but not be limited to, a certified copy of the building permit, certificate of occupancy, certificate of zoning compliance, business license or Federal Employer Identification Number.
(2) Indication of continuous on-site operation of said use, or a use determined by the Zoning Administrator to be similar in nature to a previous use, on said lot, in the previous 12 months.
(E) Continuation. Any legal nonconformity may be continued under this subchapter, but shall be subject to full compliance with the other applicable provisions of this subchapter.
(Ord. 8612, passed 12-2-08)