TITLE
title
Request Submitted by Jason E. Morphet and Ayleen N. Gallahue, Property Owners, for Appeal of Administrative Official's Determination on Status of Nonconforming Use for Period Exceeding One Year for Property Located at 5025 Emerson Road
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BRIEF OVERVIEW
Mr. Jason E. Morphet and Ayleen N. Gallahue have appealed the Administrative Official's determination that the parcel has discontinued its non-conforming use for a period exceeding one year, which determination means that the appellants will be required to meet the minimum and current requirements of the County Code of Ordinances.
LOCATION
East side of Emerson Road, approximately 1,600' north of Powell Road
PARCEL KEY NUMBER
381722
CURRENT ZONING
AG (Agricultural)
SURROUNDING ZONING & LAND USE
North: AG; Mobile Homes, Single Family Homes
South: AG; Mobile Homes, Single Family Homes
East: ROW
West: AG; Mobile Homes, Single Family Homes
HERNANDO COUNTY CODE
Pursuant to the Hernando County Code, Appx. A, Art. II, Sec. 2.A.(2)(d)(3): "Where a nonconforming use has been deemed or presumed to have been discontinued under the provisions of this Section, the owner of the property or operator of the use may rebut the presumption of discontinuance by establishing, by clear and convincing objective evidence, that the use has continued or existed beyond the date of presumed discontinuance. In all cases, the party attempting to rebut the presumption of discontinuance shall have the burden of establishing the continuation or existence of the use beyond the date of presumed discontinuance, as well as the burden of establishing the existence or continued operation of the use at any particular time."
CONCLUSIONS
The Appellant must establish by clear and convincing objective evidence that the property did not discontinue its nonconforming use for a period exceeding one year.
FINANCIAL IMPACT
A matter of policy.
LEGAL NOTE
The Board is authorized to consider the appeal of the variance request pursuant...
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