(A) The owner of any non-conforming use, structure, or lot shall apply to the Building and Zoning Department for a zoning certificate of non-conformance to establish the legality of such non-conformity as of a specified date or shall apply if the owner asserts any non-conforming use, structure, or lot as a defense to an alleged zoning violation.
(B) If, upon reviewing the application for a zoning certificate of non-conformance, the head of the Building and Zoning Department determines that the use, structure, or lot in question was lawfully existing at the time of the effective date of the provision creating the nonconformity in question, and remains lawfully existing subject only to such non-conformity at the time of such application, and that any required affidavit is in order, the head of the Building and Zoning Department shall issue a zoning certificate of non-conformance, evidencing such facts and setting forth the nature and extent of the non-conformity. Otherwise, the head of the Building and Zoning Department shall refuse to issue such certificate and shall declare such use, structure, or lot to be in violation of the Zoning Code of Mt. Healthy.
(Res. 21-1165, passed 7-20-21)