§ 270-3. Determination of nonconformity status.  


Latest version.
  • (a)

    The burden of proving a nonconformity was lawfully established rests entirely with the subject landowner.

    (b)

    A preponderance of evidence must be provided by the subject landowner and be sufficient to show that the nonconformity was lawfully established before adoption of the subject regulations. Evidence must also indicate that the nonconformity has been continuous and that the situation has not lost its nonconforming status. Examples of reliable evidence include: occupational tax certificates; building permits; zoning compliance permits; city/county billing records; utility billing records; assessment, tax or rent records; and directory listings.

    (c)

    The Development Director shall determine whether adequate proof of nonconforming status has been provided by the subject landowner.

(Ord. No. 743 , 12-19-17)