A. Purpose: This section sets forth the procedure for determining the existence, expansion, or modification of a nonconforming use or lot, noncomplying structure, or other nonconformity.
B. Authority: The community development director shall determine all questions regarding a nonconforming use or lot, noncomplying structure, or other nonconformity, including, but not limited to, its existence, establishment, restoration, reconstruction, extension, alteration, expansion, substitution, or modification.
C. Initiation: A property owner may request a determination of any nonconformity affecting the owner's property as provided in this title. An agent of a property owner shall provide a notarized authorization.
D. Procedure: An application for a nonconformity determination shall be considered and processed as provided in this subsection.
1. Submission of an application for a nonconformity determination shall be as provided in chapter 13.03 of this title.
2. A record of each nonconformity determination shall be maintained in the community development department.
E. Approval Standard: A determination regarding the existence, expansion, or modification of a nonconforming use or lot, noncomplying structure, or other nonconformity shall be based on applicable provisions of chapter 13.88 of this title.
F. Appeal: Any person adversely affected by a final decision of the community development director regarding approval or denial of a nonconformity determination may appeal the decision to the planning commission as provided in chapter 13.05 of this title.
G. Effect Of Approval: An applicant may continue, expand, or modify a nonconforming use or lot, noncomplying structure, or other nonconformity as determined by the community development director, or on appeal, by the planning commission.
H. Expiration: A determination regarding a nonconformity shall not expire. (Ord. 2012-15, 9-20-2012)