§ 138-202. Verifying a nonconforming situation.

A nonconforming situation may be verified pursuant to a Type 1 review. To be considered a nonconforming situation, the applicant must provide sufficient evidence to show that the land usage(s), structure, and/or property was allowed when established and was consistently maintained over time. If the applicant provides some standard evidence from the list below, the county administrator or designee will determine if the evidence is satisfactory and may require more information if necessary. The following items may be used as evidence in determining nonconforming status.

(a)

Situation allowed when established. Standard evidence that the nonconforming situation was allowed when established may include but is not limited to:

(1)

Building, land use, or development permits; or

(2)

Zoning codes or maps.

(b)

Situation maintained over time. Standard evidence that the nonconforming situation has been maintained over time may include but is not limited to:

(1)

Utility bills for the specific land use and/or unit;

(2)

Income tax records;

(3)

Business licenses, use permits, or the like for the specific land use;

(4)

Advertisements in dated publications pertaining to the specific land use;

(5)

Insurance policies for the specific land use, structure and/or unit;

(6)

Leases for the specific land use and/or unit;

(7)

Dated aerial photos showing site improvements and/or land use activity;

(8)

Insurance maps that identify use or development, such as the Sanborn Maps;

(9)

Land use and development inventories prepared by a government agency; and/or

(10)

Affidavit of witness.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)