§ 21.40.070. Nonconforming uses.

A.

Determination. Nonconforming uses in effect on the date of initial adoption of KPB 21.40 are permitted to continue operation. The burden of proof that the nonconforming use existed before adoption of this chapter is on the applicant. If the planning director denies nonconforming use status, the applicant must qualify for a home occupation permit in order to continue the use. Failure to apply for a nonconforming use determination within 60 days after receiving written notice from the borough shall result in termination of all right to continued operation as a nonconforming use and require full conformance with all provisions of this chapter. Written notice of the nonconforming use application requirements shall be given by certified mail or personal delivery to the property owner or operator of the nonconforming use. If notice cannot effectively be given by these methods, the planning director may post the subject property.

B.

Decision. The planning director shall give notice of the application to property owners within the district. The notice shall include a summary of the application, a vicinity map, and a deadline for submitting written comments or evidence regarding the existence of the use prior to making a determination. The planning director shall issue a decision regarding the nonconforming status based on the written application, written comments, or evidence regarding the existence of the use prior to the adoption of this chapter. The planning director's decision may be appealed to the planning commission within 15 days of distribution of the decision pursuant to KPB 21.20.

C.

Discontinuance. Any nonconforming use of land or building which has ceased by discontinuance for a period of two years shall thereafter conform to the provisions of this chapter. Lack of intent to cease use or abandon the use does not suspend the two-year time period after the use has been discontinued.

D.

Expansion prohibited. A nonconforming use of a building may not be increased, intensified, or expanded or moved to any other part of the lot, tract, or parcel it occupies at the time this chapter is adopted, nor may the use be moved to a parcel, lot or tract which is subject to this chapter.

E.

Change of use. The use of a nonconforming building may be changed only to a use conforming to this chapter.

F.

Standards. In order to qualify as an allowed nonconforming use, a use must be operational. The purchase, clearing, or improvement of land preparatory to the use is inadequate to qualify the parcel for nonconforming use status, unless the site has been prepared or construction completed to the extent that it is no longer feasible to use the property for a conforming use.

(Ord. No. 99-54, § 1, 10-12-99)