§ 62-1839.7. Preexisting use.

(a)

Subject to the provisions of this section, after application and approval as set forth in (4) through (6) below, the preexisting use designation shall be assigned to any property meeting one or more of the criteria set forth in (1) through (3) below.

(1)

Any property having a structure whose use is conforming to the county zoning regulation which has been made inconsistent by the adoption of, or an amendment to, the county comprehensive plan.

(2)

Any property having a structure whose use is conforming to the county zoning regulations prior to administrative rezoning which has been made inconsistent by the adoption of, or an amendment to, the county comprehensive plan.

(3)

Any property having a structure that is utilized for hotel or motel purposes whose use was conforming to the county zoning regulations and was made nonconforming by subsequent amendments to the zoning code and was also made inconsistent by the adoption of, or an amendment to, the county comprehensive plan.

(4)

Application for preexisting use designation shall be submitted to the zoning official. The application must be verified as a complete and accurate application. In addition of the requirements set forth in section 62-1151, the application shall include the following:

a.

The property owner's name and address, a recorded deed indicating his ownership, and the legal description of the property.

b.

An affidavit executed before a notary public under penalty of perjury attesting to the existing use at the time that the application is made and the date the use was established.

c.

A sealed, as-built survey of the site, or a scale drawing of the site along with an affidavit executed before a notary public under penalty of perjury attesting that the information reflected on the drawing is true and correct to the best of the applicant's knowledge. Such survey or drawing shall show the dimensions, height and number of stories of all structures; the number of residential or hotel units, as applicable, and the square footage of all structures; setbacks of all structures and distances between structures; and configuration of support facilities. Such survey or drawing shall be accurate at the time of the submission of the application. The use affidavit and as-built survey or drawing submitted shall be used as the basis to determine the preexisting use and configuration of the structures should a building permit be requested under this section subsequent to the designation of the preexisting use.

d.

Clear and convincing evidence that demonstrates the existence of the preexisting use at the time of the comprehensive plan adoption or applicable amendment.

(5)

The complete application must be submitted by the applicant prior to the destruction or damage of the structure by any cause where such damage exceeds 50 percent of the fair market value of such structure, or, if damage exceeding 50 percent of fair market value precedes the application, it must be supported by clear and convincing evidence of prior usage fully acceptable to the approving authority.

(6)

The property must be verified as having a use which was conforming to the county zoning regulations at the time it was made inconsistent with the comprehensive plan by the adoption of or an amendment to the county comprehensive plan, or an administrative rezoning implementing an amendment to the comprehensive plan.

(b)

A preexisting use may not be reestablished if at any time it is changed to a use that is consistent with the comprehensive plan, or if the preexisting use is abandoned for a period of three years or more.

(c)

Replacement of mobile homes in nonconforming mobile home parks shall be addressed as provided in section 62-1186.

(d)

Regardless of other provisions in this subdivision, properties with the preexisting use designation would be permitted to:

(1)

Rebuild structures that are destroyed by fire, wind, flooding or any other similar act of God beyond 50 percent of the fair market value to the exact configuration (width, depth, height and bulk) at the time they were so designated, and reestablish the use. The new structure and support facilities shall conform to the greatest extent possible with this chapter, but may not be rebuilt such that the site is more nonconforming by design.

(2)

Replace a designated preexisting use, if the structure is destroyed and is rebuilt pursuant to subsection (d)(1) of this section, with uses similar in characteristics to those permitted in the zoning classification that was in place on the property at the time it became inconsistent with the comprehensive plan.

(3)

Expand the floor area by 25 percent through administrative review and approval so long as the expansion meets all county land development regulations. This administrative approval shall not permit expansions which exceeds the maximum permitted by the zoning classification or the comprehensive plan. In order to expand a preexisting use beyond the 25 percent administrative approval limit, a conditional use permit pursuant to section 62-1949.7, Substantial expansion of a preexisting use, shall be required.

(e)

Support facilities to support the existing preexisting use (such as parking, drainage facilities, landscaping, signage, etc.) may be expanded where necessary to bring the site into closer compliance with the county's land development regulations.

(Ord. No. 95-47, § 72, 10-19-95; Ord. No. 99-07, § 25, 1-28-99)