§ 25-1-365. EXEMPTION FROM COMPLIANCE.

(A)

This section applies to an existing use or occupancy for which a certificate of occupancy was not issued if:

(1)

the structure in which the use or occupancy occurs existed before March 1, 1986;

(2)

the use or occupancy was established before March 1, 1986;

(3)

the use or occupancy was not subject to an enforcement action on January 1, 1988;

(4)

the use is a permitted use or is a nonconforming use; and

(5)

the use is not an adult-oriented business use.

(B)

The building official shall issue a certificate of occupancy for a use or occupancy described in Subsection (A) if the building official determines that continuing the existing use or occupancy is not a hazard to life, health, or the public safety.

(C)

The building official shall issue a certificate of occupancy under Subsection (B) notwithstanding the noncompliance of an existing use or occupancy or of a building in which the use or occupancy occurs with applicable technical code requirements or site development regulations.

Source: Section 13-1-732(f); Ord. 990225-70; Ord. 031211-11.