(A) Generally. To better provide for the enforcement of the provisions of this subchapter and this chapter, all nonconforming uses, buildings and structures shall be registered in accordance herewith, except as otherwise provided herein. In the event the owner or other interested party fails to register a nonconforming use in accordance herewith on or before December 31, 1980, the use shall not be considered a nonconforming use for purposes hereof. Thereafter, a nonconforming use which has not been registered may not be continued unless a special permit for the nonconforming use is obtained. If not timely registered, there shall be no right to a special permit. A special permit may be issued in the same manner as any other special permit. The nonconforming use, building or structure may not be continued if not so registered or a special permit obtained. The use, building or structure shall thereafter conform with the provisions of this subchapter applicable to the district involved. Notwithstanding anything herein to the contrary, the owner or other interested party need not register any nonconformity resulting from bulk requirements, or on account of off-street parking requirements. It is the intent of this subchapter that only nonconformity because of use need be registered.
(B) Future extensions of jurisdiction and nonconformity. Where a nonconforming use, building or structure exists by reason of the extension of the zoning jurisdiction of the city or by virtue of changes in the zoning regulations occurring before January 1, 1997, the nonconforming use, building or structure must be registered in accordance with this subchapter before April 1, 1997. Thereafter, the nonconforming uses which have not been registered may not be continued unless a special permit for the nonconforming use is obtained. Where a nonconforming use, building or structure exists by reason of the extension of the zoning jurisdiction of the city or by virtue of changes in the zoning regulations occurring after January 1, 1997, the nonconforming use, building or structure must be registered in accordance with this subchapter within 90 days following written notice to the owner of the use, building or structure by the Department of Planning and Development that the use, building or structure is nonconforming.
(C) Registration procedures.
(1) Statement of nonconformity. To register a nonconforming use in accordance herewith, the owner or other interested party shall file a statement of nonconformity with the Building Inspector setting forth the name or names of all owners of the property involved; the common or street address of the property; the legal description of the property; the real estate tax number of the property; the zoning district in which the property is located; the zoning district in which the nonconforming use, building or structure would have to be located in order to be conforming; the specific nature, character and extent of the nonconforming use as it exists on the date of the statement; the date on which the nonconforming use or prior nonconforming uses commenced; the period or periods during which the nonconforming use was discontinued or the building or structure was vacant and unoccupied; and any additional information as the Building Inspector may require.
(2) Certificate of nonconformance. Within 60 days after receipt of a statement of nonconformity, the Building Inspector shall issue a certificate of nonconformity relative to the use, building or structure if it reasonably appears from the statement of nonconformity and any independent investigation the Building Inspector may conduct that the use, building or structure is a lawful nonconforming use. The certificate of nonconformance is issued, in effect, to the property. A future certificate shall not be required even if there is a change of ownership. A nonconforming use shall not be considered registered until a certificate of nonconformance is issued, provided that once issued it will be considered as having been issued on the date the statement of nonconformity was filed with the Building Inspector. If a certificate of nonconformance is not issued within 60 days, the Building Inspector shall be considered to have refused to issue the same. In the event that the Building Inspector refuses to issue a certificate of nonconformance or fails to issue the certificate of nonconformance within 60 days after receipt of a statement of nonconformity as aforesaid, the decision may be appealed to the Zoning Board of Appeals as any other decision of the Building Inspector.
(3) Obligation of owner. The obligation for obtaining a certificate of nonconformance rests solely with the owner or other interested party.
(4) Effect of certificate and revocation. Absent material inaccuracies or misstatements contained in the statement of nonconformity filed with the Building Inspector, once a certificate of nonconformance is issued, the nonconforming use shall be presumed to exist as described in the statement of nonconformance. A certificate may be revoked by the Building Inspector if any material inaccuracies of misstatements are discovered. Further, a certificate may be revoked by the Building Inspector if the provisions of these regulations governing nonconformity are violated by failing to obtain
a necessary special permit or otherwise.
(5) Fees. The Building Inspector shall not charge a fee for the issuance of a certificate of nonconformance prior to January 1, 1980. Thereafter, a fee of $10 will be charged upon the filing of the application. If desired by the owner or other interested party, the Building Inspector for a fee of $5 shall provide a certified copy of the certificates of nonconformance suitable for placing of record.
(6) Special use. This subchapter does not limit or negate the option of applying for a special permit use relative to a nonconforming use.
(1980 Code, § 29.801) Penalty, see § 162.999