The Board may issue a special exception to grant nonconforming status for a structure that did not conform to this Ordinance when it was constructed or established, if the Board finds:
(A)
The nonconformity was clearly and specifically shown in plans and specifications duly submitted to obtain a City permit;
(B)
Before the work was done, neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the nonconformity;
(C)
The nonconformity was clearly covered by the City permit (the same permit for which the plans and specifications were submitted), and the permit was otherwise regularly issued;
(D)
After learning of the nonconformity, the owner promptly conferred with the administrative official and voluntarily halted any further nonconforming work;
(E)
The item will cause no health or safety hazard and no significant impact upon another person or property; and
(F)
The item can be brought into conformity with this Ordinance within the time period specified in the special exception, at a modest or reasonable cost.
(1)
Exception: Bringing the item into conformity need not be required if the Board finds that the impact of the item on other persons or properties is either nil or extremely small.
(Ordinance 2021-07-47 adopted 7/6/21)