Article K NONCONFORMITIES
§9-1500 PURPOSE & INTENT
Within the provisions established by the Land Development Ordinance, there exist uses of land, structures, lots and signs that were lawfully established before the Land Development Ordinance became effective (December 30, 2016), as amended, or before the Town was authorized jurisdiction over such property, that now do not conform to the terms, standards and/or regulations of the Land Development Ordinance. The purpose of this Article is to regulate and limit the continued existence of those uses of land, structures, lots and signs that do not conform to the provisions of the Land Development Ordinance or as may be amended. The provisions of this Article are designed to curtail substantial investment in nonconformities and to preserve the integrity of the Land Development Ordinance. It is the intent of the Land Development Ordinance to permit nonconformities to continue until the uses of land, structures, lots and signs are removed or brought into compliance with the Land Development Ordinance, but not to encourage their survival except under the limited circumstances established in this Article. It is further the intent of the Land Development Ordinance that changes in size, use or purpose to continue nonconformities shall not be permitted except as regulated by this Article. Further, the zoning violations are separate and apart from nonconformities as established by definition in accordance with the Land Development Ordinance
§9-1501 GENERAL PROVISIONS
a. Establishing a Nonconformity
(1) Burden of Proof . The burden of establishing any nonconformity is to be met by the owner(s) or party seeking to continue the use of land, structure, lot or sign, or any person applying for a “certificate of zoning compliance”. Such owner, person or party shall provide sufficient evidence in a form acceptable to the Planning Director or his/her designee based on the following: A. Date Documentation . Proof of date of construction of the building or structure, or date the use was established (consisting of a certified copy of a business license or building permit application). B. Proof of Continuous Operation . Proof of continuous operation of the nonconforming use, consisting of affidavits signed by persons having personal knowledge of the use of the premises since the use was established. Continuous operation means the
Made with FlippingBook interactive PDF creator