§ 9.2. GENERAL PROVISIONS  


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  • 9.2.1

    Burden of Establishing Nonconformity

    The burden of establishing any nonconformity is to be met by the owner or party seeking to continue the use,. Such persons shall provide sufficient proof in a form acceptable to the Zoning Administrator of the following:

    A.

    Date of construction of the building or structure or date the use was established (proof may consist of a certified copy of the business license or building permit).

    B.

    Continuous operation of the nonconforming use (proof may consist of affidavits signed by persons having personal knowledge of the use of the premises since the use was established).

    C.

    Such other proof as may be deemed necessary by the Zoning Administrator.

    9.2.2

    Relocation of Building or Structure

    No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved and the use made thereof is made to conform to all of the regulations of the district in which it is to be located.

    9.2.3

    Exception for Repairs Pursuant to Public Order

    In order to accomplish the objectives of the Ordinance without posing any hazard to the public or occupants of buildings and structures, nothing in this Chapter shall be deemed to prevent the strengthening or restoration of an unsafe structure in accordance with any order of a public official who is charged with protecting the public safety, and who finds that the structure which is the subject of the order is unsafe in its then present condition, and that repair or restoration is not in violation of the provisions of this Chapter governing the restoration of partially damaged or destroyed structures and signs.