Code Section: 179.1 (b)(2)(D)(1)

Subject: Legitimization, "Continuous Basis"

Effective Date: 5/09 (Revised 1/14)

Interpretation:

   As part of the Eastern Neighborhoods Plan, a "legitimization" program was established to address existing uses which lack the required permits. Specifically, certain uses which were previously allowable but no longer are may seek the required permits under pre-Eastern Neighborhoods zoning controls. A land use may be eligible to be "legitimized" under Section 179.1 if it has been "regularly operating or functioning on a continuous basis" for no less than two years. For purposes of this subsection, this criterion shall be considered satisfied even if such continuous basis was interrupted by a period of vacancy so long as (1) the total period of vacancy was less than one year, (2) the space in question was actively being marketed for occupancy by the land use in question during such vacancy, and (3) the space in question has been occupied for at least two years by the land use in question. The "legitimization" program expires on January 18, 2012. No new applications will be accepted after that date.