A. An applicant may seek an affirmative recognition of their grandfather rights by submitting an application and affidavit to the Department of Community Planning Director or designee describing the nonconforming building(s), use(s) or lot(s) that existed prior to the date of the zoning change that caused the nonconformance. The applicant shall be the owner of the property described in the application, the contract purchaser of said property, the holder of an option to purchase said property, or such persons that possess a substantial proprietary interest in the property being considered. The written consent of the owner, or an authorized representative having power of attorney, shall accompany all applications. The application must contain a written positive assertion that said building(s), use(s) or lot(s) existed prior to the date of the zoning change. This application may be made at any time. The application may be accompanied by pictures, statements of support, public or recorded documents and other evidence.
B. Within 15 days after the filing of the owner affidavit, the department shall schedule an administrative hearing. Notice of the application and the hearing shall be provided using the procedures set forth in FNSBC 18.104.010(C)(1) and (2). Applications for structural-related grandfather rights that are supported by a Borough or other submitted public or recorded document which unequivocally demonstrates that the property qualifies for the grandfather rights requested and lot size determinations are exempt from the requirements of this subsection. Applications for structural-related grandfather rights not supported by unequivocal documentation must be scheduled for hearing.
C. Within 15 days of the hearing the department shall issue an administrative determination of the grandfather rights. If no hearing is required the administrative determination shall be issued within 10 working days of the application. Administrative determinations granting structural-related grandfather rights without a hearing must be mailed to the applicant and owners of nearby lots or land as set forth in FNSBC 18.104.010(C)(2). Administrative determinations may be appealed within 15 days of the date the determination was mailed. The appeal shall be heard de novo by the Planning Commission. The Planning Commission shall uphold or reverse the determination and adopt specific findings of fact after considering the oral and written statements of the applicant, interested persons, and the Department of Community Planning. This decision is appealable to the superior court. (Ord. 2021-27 § 10, 2021; Ord. 2017-22 § 3, 2017; Ord. 2016-40 § 85, 2016; Ord. 2015-74 § 10, 2016; Ord. 2015-31 § 2, 2015; Ord. 2010-55 § 2, 2011. 2004 Code §§ 18.56.025(A), (B).)