This chapter and the administrative manual provide standards and procedures for determining the existence, expansion, or modification of a legal nonconforming use, a legal noncomplying structure, or other legal nonconformity, including noncomplying lots and signs. (Ord. 12-12-04, 12-4-2012)

The LUHO is authorized as the land use authority with the responsibility to determine the existence of any legal nonconforming use, a legal noncomplying structure, or other legal nonconformity. (Ord. 12-12-04, 12-4-2012)

   A.   The procedures for the review of a determination of legal nonconforming use, legal noncomplying structure, or other legal nonconformity application are identified by chapter 12 of the administrative manual.

   B.   The LUHO shall review the application and shall determine, from the evidence presented by the applicant, who shall have the burden of proof of establishing the existence of a legal nonconforming use, legal noncomplying structure, lot, sign, or other legal nonconformity, as provided by the act. If the LUHO finds that sufficient evidence is presented to clearly establish that the use, structure, lot, sign, or other nonconformity legally existed on the date of adoption hereof, and complied with all prior enactments of this title, the county's other land use ordinances, including the subdivision ordinance, the LUHO shall approve the determination of legal nonconforming use, noncomplying structure, or other nonconformity application. (Ord. 12-12-04, 12-4-2012)

In deciding a determination of legal nonconforming use, noncomplying structure, or other nonconformity application the LUHO shall find that all the procedural requirements and review standards of this chapter have been met.

   A.   Documentation and other materials have been presented, and provided from a credible source(s), to clearly establish that the use, structure, lot, sign, or other nonconformity legally existed prior to the date of adoption and effective date of the county's first land use ordinances, including the zoning ordinance and subdivision ordinance.

   B.   Documentation and other materials have been presented, and provided from a credible source(s), to clearly establish that the use, structure, lot, sign, or other nonconformity legally existed on the date of adoption hereof, and complied with all prior enactments of this title, or the county's other land use ordinances, including the zoning ordinance and subdivision ordinance. (Ord. 12-12-04, 12-4-2012)

   A.   If it is determined that the nonconforming use, noncomplying structure, or other nonconformity application complies with all the requirements of this chapter, the LUHO shall approve the application.

   B.   If it is determined that the nonconforming use, noncomplying structure, or other nonconformity application does not comply with all the requirements of this chapter the LUHO shall deny the application. (Ord. 12-12-04, 12-4-2012)

   A.   A finding by the LUHO of a legal nonconforming use, noncomplying structure, lot, sign, or other nonconformity shall not authorize the establishment, restoration, reconstruction, extension, alteration, expansion, or substitution of any nonconforming use, noncomplying structure, lot, sign, or other nonconformity.

   B.   A finding by the LUHO of a legal nonconforming use, noncomplying structure, lot, sign, or other nonconformity shall not be deemed an approval of any application, permit, or license.

   C.   A finding by the LUHO of a legal nonconforming use, noncomplying structure, lot, sign, or other nonconformity shall allow the filing of a land use application for any necessary approval, permit, or license, as may be required by the county's land use ordinances, including this title. (Ord. 12-12-04, 12-4-2012)

Following a determination by the LUHO of the existence of a legal nonconforming use, the use shall comply with the following requirements:

   A.   Continuance: The present or future property owner may continue a nonconforming use.

   B.   Extension Through Same Building: As allowed by the act, a legal nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purposes of the extension. For the purposes of this subsection, the addition of a solar energy device to a building is not a structural alteration.

   C.   Maintenance And Repairs: Necessary maintenance and repairs may be made to a structure housing a legal nonconforming use by following the procedures for a land use application approval, permit, or license, including the issuance of a building permit, for such maintenance and repairs.

   D.   Termination: The county may require the termination of a legal nonconforming use by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of investment in the nonconforming use.

   E.   Involuntary Destruction: The county may not terminate a nonconforming use of a structure that is involuntarily destroyed, in whole or in part, due to fire or other calamity unless the use has been abandoned.

   F.   Deterioration Or Demolition: A nonconforming use of a structure shall terminate if:

      1.   The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice is provided to the property owner, by the county planner/zoning administrator or building official, that the structure is uninhabitable and that the nonconforming use will be lost if the structure is not repaired or restored within six (6) months.

      2.   The property owner has voluntarily demolished a majority of the building that houses the nonconforming use.

   G.   Change In Use: A nonconforming use may only be changed to a use allowed in section 10-25-1 of this title, appendix A, table of uses, for the zoning district in which the property is located by following the land use application approval procedures for such new use, as required by this title. (Ord. 12-12-04, 12-4-2012)

Following a determination by the LUHO of the existence of a legal noncomplying structure, the structure shall comply with the following requirements:

   A.   The present or future property owner may continue a noncomplying structure.

   B.   The county may not prohibit the reconstruction or restoration of a noncomplying structure that is involuntarily destroyed, in whole or in part, due to fire or other calamity unless the structure has been abandoned.

   C.   Necessary maintenance and repairs may be made to a legal noncomplying structure by following the procedures for a land use application approval, permit, or license, including the issuance of a building permit, for such maintenance and repairs.

   D.   A noncomplying structure shall terminate if:

      1.   The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice is provided to the property owner, by the county planner/zoning administrator or building official, that the structure is uninhabitable and that the noncomplying structure will be lost if the structure is not repaired or restored within six (6) months.

      2.   The property owner has voluntarily demolished a majority of the noncomplying structure. (Ord. 12-12-04, 12-4-2012)

   A.   Any party claiming a nonconforming use has been abandoned shall have the burden of establishing the abandonment.

   B.   Abandonment may be presumed to have occurred if:

      1.   A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the county regarding an extension of the nonconforming use;

      2.   The use has been discontinued for a minimum period of one year; or

      3.   The primary building associated with the nonconforming use remains vacant for a minimum period of one year.

   C.   The property owner may rebut the presumption of abandonment under this section and shall have the burden of establishing that any claimed abandonment under this section has not in fact occurred. The LUHO shall have authority to review and decide all disputes relating to abandonment of structures associated with a nonconforming use or noncomplying structures.

   D.   The county may terminate the nonconforming use status of a school district or charter school when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a minimum period of one year. (Ord. 12-12-04, 12-4-2012)

   A.   A lot of record, or any parcel of record, legally existing on the effective date hereof and the effective date of the subdivision ordinance shall:

      1.   Be eligible for a building permit authorizing the construction of one single-family dwelling, even though such lot or parcel may not conform to the requirements of the zoning district in which it is located, provided:

         a.   That such lot or parcel of land is located in a zoning district that allows single-family dwellings, and

         b.   The proposed construction can qualify for the issuance of a building permit, as required by the building codes, as adopted. (Ord. 12-12-04, 12-4-2012)

This section shall apply to signs that were legal on the date of adoption hereof, or prior enactments, but which may now be determined to be a legal noncomplying structure.

   A.   A noncomplying sign shall not be enlarged.

   B.   A noncomplying sign shall not be moved or replaced, except to bring the sign into compliance with this title and the county's other land use ordinances.

   C.   The text message of a noncomplying sign may be changed if such changes do not create any new nonconformities or other noncompliance.

   D.   A noncomplying sign shall be considered abandoned if it advertises a business, service, commodity, or other activity that has been discontinued for a minimum period of one year. (Ord. 12-12-04, 12-4-2012)

Any person aggrieved by a decision of the LUHO for any determination of legal nonconforming use, noncomplying structure, or other nonconformity application may appeal the decision to the appeal authority, as identified by chapter 14 of this title. (Ord. 12-12-04, 12-4-2012)