14.36.100 Determination of Nonconforming Status – Effect of Determination.
(1) Procedure. The Zoning Administrator, or the Administrator’s designee, shall determine the existence, expansion, or modification of a nonconforming lot or use, noncomplying structure, or other nonconformity as provided in the following procedure:
(a) If a determination of the nonconforming status of a property is desired, the owner or the owner’s designee shall make application for a Zone Verification with the Development Services Department. The Zoning Administrator shall then investigate the factual and legal history of the subject property and shall thereafter make a determination of nonconforming status of the property.
(b) Notice of the determination of nonconforming status shall be mailed to the owners of the subject property.
(c) If within ten (10) days after notice is mailed, information is received by the Zoning Administrator which may affect the validity of the determination, the Administrator may make an amended determination. Notice of an amended determination shall be given as set forth in Subsection (b) of this Section.
(d) The notice shall include a statement that any determination may be appealed to the Board of Adjustment as provided in Chapter 14.05 of this Title and shall state the date by which the appeal must be filed.
(2) Burden of Proof. In all cases, the property owner shall have the burden of proving by a preponderance of evidence that a lot, structure, use or other circumstance which does not conform to the provisions of this Title was legally established.
(a) A preponderance of evidence is evidence which is more credible and convincing than evidence offered in opposition to it.
(b) Evidence offered to prove a lot, structure, use, or other circumstance was legally established may include, but is not limited to:
(i) the date when the circumstance was created;
(ii) copies of applicable zoning, building, or other code provisions in effect at the time of creation;
(iii) documents showing the nonconforming circumstance was authorized such as building permits, letters, and meeting minutes of governmental bodies where the circumstance was discussed and/or authorized;
(iv) property inspection reports which indicate the degree that the nonconforming circumstance complies with applicable codes in effect at the time of creation; and
(v) affidavits of persons with personal knowledge of the circumstances of creation.
(c) If a previously existing land use ordinance applied to a claimed nonconforming circumstance, and no provision of such ordinance would have allowed such circumstance, it shall be prima facie evidence that the nonconforming circumstance was not legally established.
(d) If when established, a lot, structure, use or other circumstance did not conform to the provisions of applicable land use ordinance provisions, the fact that it has been occupied, used, or existed for a considerable period of time shall not be a factor in determining whether the circumstance should be deemed legally established.
(3) Abatement or Compliance. If a property owner is unable to demonstrate that a nonconforming lot, or use, noncomplying structure, or other nonconforming circumstance was legally established, it shall be deemed illegal and shall be abated or brought into conformance with applicable provisions of this Title. Abatement or compliance shall be achieved within thirty (30) days, unless the work which must be undertaken to achieve compliance cannot be accomplished in that time period. In such case the owner of the property shall enter into a legally binding agreement wherein the owner agrees to a schedule to achieve conformity as soon as reasonably practicable, so long as compliance is achieved within six (6) months.