(A) Variance required. A nonconforming use of land, building or structure shall not be enlarged, extended, reconstructed or structurally altered unless a variance by the Administrative Hearing Officer is granted.
(B) Application; hearing. Requests for a determination by the Administrative Hearing Officer of the existence of a legal nonconforming use, legal noncomplying structure or other legal nonconformity shall be made on the applicable land use application form. The Administrative Hearing Officer, during the hearing, shall find:
(1) From the evidence presented by the applicant, who shall have the burden of establishing the legal existence of a nonconforming use, noncomplying structure or other nonconformity, that sufficient clear and convincing evidence, information, documentation and other materials have been presented to clearly establish that the use, structure, lot or other nonconformity, legally existed on the date of adoption of the initial ordinance, and complied with all prior enactments of this chapter;
(2) Upon finding by the Administrative Hearing Officer that the use, structure, lot or other nonconformity legally existed on the date of adoption of this chapter, and complied with all prior enactments of this chapter, the city shall allow the filing of an application for any necessary approval, permit or license, as may be required by city ordinances. A nonconforming use may be continued by the present or future property owner;
(3) Upon finding by the Administrative Hearing Officer that the use, structure, lot or other nonconformity did not legally exist on the date of adoption of this chapter, and did not legally comply with all prior enactments of this chapter, the applicant shall correct the illegality. No other action shall be taken by the city until the use, structure or other nonconformity complies with the requirements of this chapter, as adopted; and
(4) Following a decision by the Administrative Hearing Officer, the recording secretary shall provide the applicant with a written notice of the decision. The written record of all applications shall be maintained on file by the recording secretary.
(Prior Code, § 10-10-3) (Ord. passed 8-10-2006)