A. Purpose
The purpose of this section is to establish a uniform mechanism for the review and determination of nonconforming uses, nonconforming structures, or nonconforming lots as lawfuly established and existing.
B. Applicability
A Nonconforming Certificate does not authorize any future development including repair, maintenance, reconstruction, remodeling, addition, expansion, or alteration. Instead a Nonconforming Certificate approved in accordance with section establishes that a nonconforming use, nonconforming structure, or nonconforming lot was lawfully established and lawfully exists.
C. Nonconforming Certificate Procedure
1. Step 1: Pre-Application Meeting
Optional (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Not applicable.
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.).
4. Step 4: Staff Review and Action
Applicable to a final decision by the Development Services Director (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Not Applicable.
6. Step 6: Advisory Body Review and Recommendation
Not Applicable.
7. Step 7: Decision-Making Body Review and Decision
Not Applicable.
D. Nonconforming Certificate Review Standards
In determining whether the noncomforming uses of land, structures, and lots of record lawfully exist, the applicant shall provide the following evidence:
1. Nonconforming Use
All evidence must reflect that the use has not ceased to operate or discontinued for a period of six consecutive months or longer, or for 18 months during any three-year period and may include the following:
a. Local business tax receipts covering each year since the use became nonconforming;
b. Business records such as sales receipts, invoices, tax receipts, ledger books, Internal Revenue Service filing forms, or other proof of continuous use;
c. Affidavits from the owner and neighboring property owners who have knowledge of the existence of the use;
d. Proof of ownership or tenancy (deed or lease). A contract to purchase shall be acceptable in lieu of a deed; and
e. Utility receipts and/or record.
2. Nonconforming Structure
All evidence must reflect that the structure was constructed and or developed in accordance with an approved development order and may include the following:
a. An approved Development Order;
b. A previously approved Nonconforming Certificate;
c. A survey at the time of structure was constructed or developed;
d. A recent survey;
e. An approved site plan, landscape plan, or permit plan.
E. Effect of Approval
An approved Nonconforming Certificate establishes that a nonconforming use, nonconforming structure, or nonconforming lot was lawfully established and lawfully exists.