(A) General. A certificate of non-conformance is issued by the Zoning Administrator and indicates that he or she has reviewed a specific building, structure, lot or use, at the request of the applicant, and has determined that the building, structure, lot or use lawfully existed prior to the effective date of this chapter, and though not in conformance with all provisions of this chapter, shall be allowed to remain within the provisions of §§ 154.095 through 154.101 of this chapter.
(Prior Code, § 20-1521)
(B) Issuance. The Zoning Administrator shall not issue a certificate of non-conformance, unless, following consultation with technically qualified persons as necessary, he or she determines that the building, structure, lot or use lawfully existed prior to changes in the zoning regulations which created the non-conformity.
(Prior Code, § 20-1522)
(C) Application.
(1) Any person seeking a certificate of non-conformance shall file an application for such certificate on forms provided by the Zoning Administrator who shall review such application and determine if the building, structure, lot or use lawfully existed prior to changes in the zoning regulations, which created the non-conformity.
(a) If the Zoning Administrator finds that the building, structure, lot or use lawfully existed prior to changes in the zoning regulations, which created the non-conformity, he or she shall issue a certificate of non-conformance, thereby authorizing the building, structure, lot or use to continue within the provisions of §§ 154.095 through 154.101 of this chapter.
(b) If the Zoning Administrator should find that the building, structure, lot or use did not lawfully exist prior to changes in the zoning regulations, which created the non-conformity, he or she shall promptly notify the applicant of his or her findings, and identify corrections that are necessary in order to bring the building, structure, lot or use into compliance with this chapter.
(2) In addition to the required application form, the applicant shall submit the following:
(a) A site plan, drawn to scale, showing the actual ground area, height and bulk of all buildings and structures, the lot lines and dimensions, the location of building lines to lot lines, the location of any signs, easements, underground utilities, septic tanks, till fields and water wells; the names and locations of adjoining streets; and the location of driveways and off-street parking areas in relation to those streets;
(b) A copy of the legal description of the property in question; and
(c) Detailed documentation, which supports the claim of lawful existence prior to changes in the zoning regulations, which created the non-conformity.
(Prior Code, § 20-1523)
(D) Duration of certificate. Certificates of non-conformance shall be valid from the date of issue; provided that, no amendment to the provisions of this chapter occurs which would invalidate such certificate; and, provided that, no alteration to the building, structure, lot or use occurs which would invalidate the information originally submitted on the application for certificate of non-conformance.
(Prior Code, § 20-1524)
(Ord. 1699, passed 3-17-2014)