(A) Application by owner.
(1) A property owner may request a determination from the Zoning Administrator that a lot, structure or use is legally nonconforming. The request shall include, as applicable:
(a) Documentation that the lot was legally created.
(b) Documentation that the structure was legally constructed, to include all structure dimensions.
(c) Documentation that the use was legally established, to include documentation of the area of land and structures devoted to the nonconforming use.
(2) Burden of proof.
(a) The burden of establishing the legal nonconforming status shall be upon the owner of the land.
(b) The casual, temporary, intermittent or illegal use of land is insufficient to establish the existence of a nonconforming use or structure.
(c) The existence of a nonconforming use on part of a premise shall not be construed to establish a nonconforming use on the entire premises.
(B) Certificate of nonconformity. Upon finding that a legal nonconforming lot, structure or use exists, the Zoning Administrator shall issue a certificate of nonconformity. The certificate shall specify the nature and extent of the legal nonconformity, including the land and building area devoted to a nonconforming use.
(C) Appeal. The Zoning Administrator's determination may be appealed to the Board of Appeals within 30 days of certificate issuance.
(D) Register of certificates. The Zoning Administrator shall maintain a register of certificates issued for nonconforming lots, structures and uses.
(Res. 2010-7, passed 5-25-2010)