§ 18-206. Determination of nonconformity.

(a) By BMZA.

Whether a nonconforming use, nonconforming density, or other form of nonconformity exists is a question of fact that, except as specified in subsection (b) of this section, must be decided by the Board of Municipal and Zoning Appeals after public notice and hearing and in accordance with the rules of the Board.

(b) By Administrator.

The Zoning Administrator may issue a use permit, without referring the matter to the Board of Municipal and Zoning Appeals, if:

(1) permits, ordinances, the Police Survey of 1931, or other records on file with the Zoning Administrator:

(i) document the existence of a continuing and uninterrupted lawful nonconforming use; or

(ii) document the existence of a lawful nonconforming density, or other nonconformance; and

(2) a field inspection of the construction, design, and arrangement of the structure or use in question confirms these records.