17.  NON-CONFORMANCE

 

17.1.                    Applicability: On the effective date of this ordinance, certain parcels, lots, buildings, structures and uses of land, established lawfully, exist that do not conform to the requirements of this ordinance. It is the intent of this ordinance to allow the continuation of such non-conformances and to establish a method by which such non-conformance may be legally recognized and regulated.

17.2.                    Types of Non-Conformance:

17.2.1.  Parcels of Record:

17.2.1.1.        In any zone district, where a parcel or tract of land can be verified to have been lawfully partitioned prior to the effective date of this ordinance, or to have been partitioned prior to January 27, 1999, and such parcel or tract is smaller than the minimum parcel size required for the zone district in which it lies, a parcel of record shall be deemed to exist.

17.2.1.2.        For the purpose of establishing parcel of record, the administrator will examine office, assessors and/or clerks records or request of the owner legal documentation verifying the date and/or method by which the parcel or tract was partitioned.

17.2.1.3.        Upon receipt of sufficient documentation to prove that the parcel was lawfully established, the zoning administrator will, at no fee to the property owner, issue a Certificate of Compliance identifying the tract as a parcel of record.

17.2.1.4.        Parcels of record shall enjoy the benefits and privileges of a parcel or tract meeting the standards established within the zone district, subject to the availability of services, but may not be further divided except as allowed pursuant to Section 12, this ordinance.

17.2.2.  Lots of Record: In any zone district, where a lot is or has been created by plat approved and recorded in Boundary County, and said lot does not conform to the provisions established herein, a lot of record shall be deemed to exist, regardless of the date of platting. Such lot shall enjoy all benefits and privileges of a lot meeting the standards established in the zone district except as limited by applicable CC&Rs associated with the plat, subject to the availability of services, but may not be further divided nor adjusted so as to increase the non-conformity. A recorded plat depicting the lot of record shall be sufficient to establish lawful existence.

17.2.3.  Structures of Record:

17.2.3.1.        In any zone district, where a building or structure can be verified to have been lawfully built prior to the effective date of this ordinance or to have been in existence prior to January 27, 1999, and which does not meet the provisions established herein due to its physical character or its placement on a parcel, lot or tract of land, a structure of record shall be deemed to exist.

17.2.3.2.        Upon identifying a potential structure of record, the administrator will request from the owner legal documentation verifying the date the building was constructed. Methods of verification may include permits acquired prior to or during construction, assessorís tax records, written verification by two or more adjoining property owners attesting to the date of construction, or other factual means.

17.2.3.3.        Upon receipt of sufficient documentation to prove that the structure meets the criteria established herein and information sufficient to complete an appropriate development permit application, including site plan depicting the non-conformity, the zoning administrator will, at no fee to the property owner, issue a building placement permit identifying the structure of record.

17.2.3.4.        Structures of record may continue to be used and maintained in repair, but will not be altered in such manner as to increase the non-conformity, in either height or footprint. Should a structure of record be razed or destroyed, the owner will submit an appropriate development permit application prior to reconstruction, and any replacement structures will be built and placed in accordance with the provisions of this ordinance.

17.2.3.5.        A structure built prior to the effective date of this ordinance that is not in conformance with the provisions herein due solely to the purpose for which it is used will be deemed a use of record, subject to the provisions of 17.2.4, below.

17.2.4.  Uses of Record:

17.2.4.1.        In any zone district, where a use of land and/or structures can be verified to have been lawfully established prior to the effective date of this ordinance, or established prior to January 27, 1999, that are not in conformance with the provisions established herein, a use of record will be deemed to exist.

17.2.4.2.        Upon identifying a potential use of record, and at the request of the property owner, the administrator will request of the owner legal documentation verifying the date and/or method by which the use was established. Methods of verification may include permits acquired prior to establishment of the use, tax records, or written verification by two or more adjoining property owners attesting to the date of establishment, or other factual means.

17.2.4.3.        Upon receipt of sufficient documentation to prove that the use meets the criteria established herein, the zoning administrator will, at no fee, obtain from the owner sufficient information as to complete the applicable development permit application which would be required to establish similar use under the provisions of this ordinance and to define and establish the nature and scope of the use. Where a public hearing would be required by this ordinance to obtain a permit to establish like use, the administrator will schedule public hearing on the next available agenda of the deciding body for that permit. Except where a use creates public nuisance or to abate issues of public safety, the deciding body may not disallow or curtail continuation of the use, but may establish terms and conditions in accordance with the type application so as to mitigate adverse impacts as well as to establish reasonable limitations on future expansion.