Code Enforcement and Nonconforming Uses
If you have recently been contacted by Jackson County Code Enforcement, you may find that the use of your property is nonconforming with the current standards. This may mean that the use was established prior to adoption of a zoning regulation that would now prevent that use. However, if you can prove that your property, or how you use it, was legal at one time, you may be able to have your potential code violation corrected.
What Can Be Considered Nonconforming or Pre-existing?
The following may be considered nonconforming or pre-existing:
- Lots or parcels
- Dwellings
- Structures
- Uses
- Signs
Proving a Use is Nonconforming or Pre-Existing
Jackson County has a general policy of allowing nonconforming uses to continue to exist; however, it is the burden of the property owner to establish that the nonconformity lawfully existed at the time it was established. In other words, you need to prove that your property was properly zoned at one time, even though the zoning has changed.
Proving your property or use thereof is nonconforming or pre-existing can be difficult if you are unaware of the process and requirements. If you have recently received a code violation because of a nonconforming or pre-existing use of your property, please do not hesitate to contact us and let us help you through the process.
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