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County hearing considers language to define when nonconforming land uses are abandoned
Summary
Planning staff proposed adding an abandonment clause defining when a legal nonconforming use has ceased (six‑month benchmark and requirement for tangible proof); commissioners and public raised concerns about the short time frame, property rights, and appeals process. The hearing was closed for further consideration.
Washington County planning staff asked the Board of County Commissioners on Sept. 23 to add language to the zoning ordinance that would explicitly define when a legal nonconforming use is considered abandoned. The proposed amendment (RZ2053) would clarify when a use that was legal when established but later rendered nonconforming by zoning change ceases to exist and therefore loses protection as a nonconforming use.
Jill Baker, director of the Department of Planning and Zoning, said the amendment adds an abandonment clause and intends to require “tangible proof” when a property owner claims they intend to preserve a nonconforming use. “The proposed language includes an abandonment clause to define when exactly a use…
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