Owner asks board to reverse city on nonconforming-rights decision for 910 North May Hill

An owner appealed a city determination that nonconforming rights do not exist for a building at 910 North May Hill, telling the Zoning Board the property has been used for commercial and storage activities and asking the board to reverse the administrative decision or grant a delay to pursue rezoning.

"We ask respectfully that the board reverse that determination," the appellant's counsel said during the hearing, asking the board to acknowledge continuous use or, alternatively, to delay a finding of discontinuance for one year to allow the owner to pursue rezoning. The appellant said tenants occupied multiple buildings on the 3.5-acre parcel and that the owner had collected cash rent since purchasing the property.

City staff, represented by Managing Director Melissa Gursky, countered that available records do not show a lawfully established use in the specific building at 910 and that utility accounts for that building were terminated in April 2021. "Nonconforming rights can only exist if a use was legally established," Gursky said, and staff told the board it could find no certificate of occupancy or other contemporaneous records showing a legal use for the subject building that would create nonconforming rights.

The board asked detailed questions about what evidence would be acceptable — leases, utility accounts in a business name, photographs or interior documentation — and staff said it would consider any credible documentation submitted through the zoning verification process. After hearing city rebuttal the board closed the public hearing and deferred deliberation to its second meeting.