§ 4.8.4. Determination of nonconforming status.  


Latest version.
  • The planning director shall have the authority to determine whether or not a use, building or structure is nonconforming. A property owner must make a written request for the designation of a nonconforming use, building or structure status. The burden of proof for establishing the date when a nonconforming use was established or when a nonconforming building was constructed shall be the responsibility of the applicant or property owner. The applicant or property owner shall present competent evidence to the planning director to support the claim of a legal nonconforming use or of a legal nonconforming building.

(Res. No. 10162012R001, § 2(Exh. A), 10-16-2012)