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(1) Purpose. In addition to other applicable provisions of this Chapter, the provisions of this Section shall be applied to determine whether a residential structure originally constructed as a one-family dwelling, but not presently occupied as such, should be deemed a nonconforming structure or use, or both.

(2) Building Permit Record. If necessary building permits were issued authorizing one (1) or more units in the dwelling in addition to the original dwelling unit and construction was substantially completed pursuant to such permits, the issuance of such permits shall be prima facie evidence that the structure and use are nonconforming.

(3) No Building Permit Record. If no building permits exist, a determination of nonconformity shall be made pursuant to Subsections (a) and (b) below.

(a) A determination shall be made as to whether a dwelling unit substantially conforms to applicable zoning and building code requirements in effect when the additional dwelling unit was established, particularly those requirements set forth in Section 14.36.130 of this Chapter. Such determination shall include a physical inspection of the premises by the Chief Building Official or Chief Building Official’s designee.

(i) If substantial conformance with applicable codes is found, the nonconforming circumstance shall be deemed legally established.

(ii) If substantial conformance is not found, the illegal aspects of the structure and use shall be abated or brought into compliance with applicable zoning and building code requirements in effect when the additional dwelling unit was established, except as provided in Section 14.36.130 of this Chapter.

(b) The presence of an interior connection between upper, lower, or adjoining portions of a structure originally constructed as a one-family dwelling shall create a presumption that only one dwelling unit was originally authorized, unless the connection was obviously originally constructed as a vestibule, lobby, or passage way between dwelling units in the structure. Any evidence that the dwelling units were legally created, including but not limited to information listed in Section 14.36.100(2)(b) of this Chapter, shall be submitted to the Zoning Administrator to aid in making this determination.

(Rep&ReEn 2002-05, Am 2021-33)