20.930.020 Determination of Nonconforming Use Status.
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A. Planning Official’s determination. The Planning Official shall make a determination regarding the legal status of a nonconforming use by means of a Type I procedure using the following criteria:
1. Proof that the use was permitted at the time it was established, by any of the following:
a. Copies of building and/or land use permits issued at the time the use was established;
b. Copies of zoning code provisions and/or maps in force at the time the use was established;
c. Demonstration that the use was established before the first development code for the community was adopted.
2. Proof that the use has been maintained over time. This includes copies of one or more of the following for every year from the time the use was established until the current year. Standard evidence that the use has been maintained over time includes:
a. Utility bills;
b. Income tax records;
c. Business licenses;
d. Listings in telephone, business and Polk directories;
e. Advertisements in dated publications, e.g., trade magazines; and/or
f. Building, land use or development permits.
B. Other regulations affecting nonconforming uses. The following regulations apply to all nonconforming uses described in this Chapter:
1. Ownership: The status of a nonconforming use is not affected by changes in ownership.
2. Change to a conforming use: A nonconforming use may be changed to a conforming use upon review and approval by the Planning Official. Once a conforming use occupies the site, the nonconforming rights are lost and the nonconforming use may not be re-established.
3. Change to a conditional use: A nonconforming use may be changed to a conditional use permitted in the underlying zone if approved through a conditional use review. Once a conditional use occupies the site, the nonconforming rights are lost and a nonconforming use may not be re-established.
C. Uses or structures caused to be nonconforming through adoption of a master plan or subarea pursuant to this title may be considered as conforming if they are explicitly so designated as conforming in the approved master or subarea plan. (Ord. M-4103 § 4, 11/14/2014; Ord. M-3643, 01/26/2004)