§ 35-705. Certificate of Nonconforming Use.

For purposes of this section, "applicable regulations" means the provisions of this chapter, or amendments to this chapter, which render a use nonconforming.

(a)

Applicability. The owner of a nonconforming use or structure may register such nonconforming use or structure by filing with the department of planning and development services a registration statement.

(b)

Contents.

(1)

Generally. Such registration may be made on behalf of the owner by any person, firm, corporation or other entity which has a legal or equitable interest in the nonconforming use or structure. Registration statements shall require a disclosure of the complete ownership of the land and/or structure and shall be in such form and require the furnishing of such information and representation as are needed to show the following:

A.

That the use was lawfully established prior to the effective date of the applicable regulations.

B.

That the use has been continuously maintained since it was established.

C.

That the use has not been abandoned.

(2)

Denial of Registration. The director of planning and development services may deny any registration if it appears that the documents relied thereon are not valid, or that the documents produced to not show the existence of a prior nonconforming use in accordance with the criteria set forth in subsection (1), above. The applicant may appeal this determination to the city in accordance with section 35-481 of this chapter.

(3)

Amendment. At any time after registration, upon application to the department of planning and development services and with the written consent of the owner affected thereby, a registration statement may be amended to indicate changes in ownership. A copy of each registration statement shall be returned to the owner and a copy filed among the records of the department. The department of planning and development services shall accept and file all tendered registration statements within the permitted time period, but the acceptance of such statements shall not constitute an authorization to operate an unlawful use. The filing of a false registration statement with the department shall constitute a violation of this chapter.

(c)

Time Period for Registering. The owner of a use or structure which is rendered nonconforming as a result of the adoption of this chapter shall have three (3) years from the effective date of this chapter to register such use or structure. The owner of a use or structure which is rendered nonconforming as a result of a city-initiated rezoning project or in newly annexed territory, subsequent to the adoption of this chapter is permitted one (1) year after the effective date of the rezoning to register such use or structure. Provided, however, that after the time periods prescribed above, nonconforming rights may be established only upon submission by the owner of sufficient evidence for the director of planning and development services to find that the use or structure existed prior to the date of rezoning and was in legal compliance with all applicable laws.

(d)

When Registration Not Required. It is not required to register a use or structure that is made nonconforming by any governmental action other than annexation or rezoning.

(e)

Fences. Any fence of legal height and construction does not constitute a nonconforming use and does not require registration.

(Ord. No. 98697 § 4 and 6)