18A.05.060 Recognition of Previously Granted Permits and Approvals

18A.05.060 Recognition of Previously Granted Permits and Approvals.

A. Public Facility Uses Established by Use Permit. Any previously granted permit or approval that established a legally existing public facility use and/or activity that existed prior to the effective date of these regulations is hereby acknowledged by these provisions. If these legally existing public facility uses are not now prohibited in the zone classifications in which they are found, they are recognized. These legally existing public facilities include those authorized under one of the following procedures: Judicial Order, Unclassified Use Permit, Conditional Use Permit, Nonconforming Use Permit, Planned Development District, Approved Site Plan, Recorded Memorandum of Agreement, Site Plan Review (SPR), or Administrative Site Plan Review (ASPR).

The permits or approvals and attached conditions that authorize each of these legally existing public facilities are hereby defined as Public Facility Permits under these regulations, subject to any specific conditions previously imposed. To the extent practical, multiple existing permits issued for an individual facility shall be consolidated.

Existing state and federal permits including, but not limited to, Federal Mining Permits and Leases, Surface Mine Permits (SM), National Pollution Discharge Elimination Permits (NPDES), and Solid Waste Permits may be used as evidence to prove the legal existence of an existing Public Facility. The Department of Planning and Public Works shall maintain a list of these legally existing Public Facilities as submitted and documented by the affected departments.

B. Uses Previously Established. Any previously granted permit or approval that established a legally existing use and/or activity, which existed prior to the effective date of these regulations, is hereby acknowledged as follows:

How was the use allowed prior to change in regulation?	How is the use allowed after a change in regulation?	Status of Use
Use Permit	Prohibited	Use is nonconforming with specific conditions. The use is still controlled by conditions of approval. Minor changes are not considered nonconforming, however, major changes are subject to nonconforming standards and original conditions.
	Outright	Use still subject to original approval until said approval is relinquished.
	Use Permit	Original use permit still governs the use. Expansions are subject to amendment criteria. If use now requires a different type of use permit, a new application is not necessary unless a major amendment is proposed. See note (1)
Outright	Prohibited	Use is nonconforming and subject to nonconforming standards.
	Outright	Use is permitted and subject to all applicable development standards.
	Use Permit	Use is not nonconforming. For uses requiring an Administrative, Conditional Use or Public Facilities Permit, a one-time expansion of a structure shall be allowed on the occupied parcel if it does not exceed 25 percent of the floor area of the structure, and is not more than 2,500 square feet; provided the one-time expansion, as determined by the Director, does not outwardly increase noise, glare, or dust or alter the hours of operation. Any expansion in excess of the above-referenced standards shall require the appropriate permit. For other Use Permits, any further expansion will require the necessary permit.
Nonconforming	Prohibited	Use is still nonconforming.
	Outright	Use is now permitted and subject to all applicable development standards.
	Use Permit	Any further expansion will require the necessary permit. The expanded portion of the nonconforming development must comply with applicable development regulations.
(1) Master Planned Communities (MPC) previously approved by a Planned Development District (PDD) shall continue to be processed as a PDD and are not subject to provisions in PCC 18A.75.080, Planned Unit Developments. All proposed amendments shall be subject to provisions of Chapter 18.130 PCC, Amendments.