The Zoning Board of Appeals shall make a determination as to
the prior legal nonconforming status of the use, structure, or lot.
The Zoning Board of Appeals shall make a determination on whether
the use, structure, and/or lot is entitled to prior nonconforming
status based upon all of the information provided, which may include
documentary evidence submitted, site inspections, interviews with
the applicant or any other persons, or any other information that
can reasonably be considered relevant.
(a)
The Zoning Board of Appeals may hold a public hearing to gather
additional information and evidence relevant to the nonconforming
status of the uses, structures, and/or lot. If a public hearing is
held it shall be held within 45 days of the first meeting of the Zoning
Board of Appeals, following the referral from the Code Enforcement
Officer.
(b)
The determination of the Zoning Board of Appeals shall be made
within 45 days of the referral from the Code Enforcement Officer or
within 45 days of the close of the public hearing if a hearing is
held, unless said time periods are extended by mutual agreement between
the applicant and the Zoning Board of Appeals.
(c)
A copy of the determination of nonconforming status shall be
mailed to the applicant and recorded with the Zoning Board of Appeals
Clerk and filed in the office of the Code Enforcement Officer.