18.55.020 Nonconforming uses, conditions upon continued existence, when, procedure.
(1) Those nonconforming uses allowed to continue to exist pursuant to ECMC 18.55.010, as now enacted or as hereafter amended, may be conditioned as provided in this section.
(2) The administrator, upon receipt of any claim, complaint, report, or information that a nonconforming use exists within the city shall investigate such claim, complaint, report, or information and make a determination as set forth below.
(3) At the conclusion of his or her investigation, the administrator shall determine if the use is a nonconforming use.
(4) If the use is found to be conforming use, the administrator shall determine whether or not the use is allowed to continue pursuant to ECMC 18.55.010. If the use is not found to be a use allowed to continue pursuant to ECMC 18.55.010, the administrator shall proceed as provided in this chapter to terminate the use.
(5) If the use is found to be a nonconforming use allowed to continue pursuant to ECMC 18.55.010, the administrator shall make written summary of his or her findings and submit them, together with any conditions that, in his or her opinion, should be attached to the use, to the planning agency.
(6) Upon receipt of the documentation described in subsection (5) of this section, the planning agency shall proceed to set a date for a public hearing before the city council. The purpose of that hearing shall be to determine what conditions, if any, shall be attached to the continuing nonconforming use pursuant to ECMC 18.55.010. Notice of the hearing shall be published at least once prior to the hearing in a newspaper of general circulation in the city. Additionally, the administrator shall cause notice of the public hearing to be delivered to the adjacent land owners and occupants by mailing, posting, or personal notification, whichever the administrator determines is likely to give actual notice of the hearing to those persons.
(7) At the conclusion of the public hearing, the city council shall make a finding on whether or not conditions need to be imposed pursuant to ECMC 18.55.010. If the city council finds conditions are necessary, it shall make findings as to what conditions shall be imposed and the reasons therefor.
(8) Any nonconforming use found to be required to be conditioned will be allowed to continue as long as the person, firm, partnership, or corporation responsible for that nonconforming use agrees to abide by and be governed by the conditions imposed by the city council within the time limit set by the planning agency. The conditions imposed by the city council may be for a period of up to 24 months. The city council may require more frequent review of the conditions imposed on the use as it may direct at the initial public hearing or any subsequent review.
(9) Additionally, the city council may bring a set of conditions on for review before the date provided at the time the conditions were set, upon a complaint being brought to its attention by the administrator or any citizen. The city council shall determine from a review of the complaint whether or not the allegation is sufficient to warrant a further hearing on the question. If a further hearing is deemed appropriate, the city council shall cause to be sent to the person, firm, partnership, or corporation responsible for the nonconforming use a notice of a hearing before the city council setting the date, time and place of the hearing. The notice shall provide, in all capital letters, in a conspicuous place thereon: “THIS HEARING COULD DETERMINE WHETHER OR NOT YOUR NONCONFORMING USE IS ALLOWED TO CONTINUE.” Said notice shall be delivered in the same manner as personal service of summons to the responsible person, or posted upon the real property in question, or sent by United States mail service, postage prepaid, to the address of the responsible person. Said notice shall allow the responsible party five days’ time before the hearing within which to prepare, unless the city council finds at the time it considers the allegation of noncompliance that the public health, safety, and morals require a hearing before that time.
(10) Either prior to or at least at the time of the hearing to consider the allegations of a complaint concerning noncompliance with conditions, the city council shall inform the person, firm, partnership, or corporation responsible for the nonconforming use of the notice of the alleged violation. The administrator shall present the evidence of the failure to comply. The responsible person shall then be allowed to respond if that person so desires. The city council shall then make its findings. It shall find whether or not the conditions have been violated; whether or not any violation has occurred of such magnitude to require additional conditions, more frequent reviews of conditions, or termination. If termination of the privilege to continue the nonconforming use is determined by the city council as the only method that can protect the public health, safety, and morals to an acceptable degree, the city council shall determine the date and time of termination. Once the privilege is terminated for failure to observe conditions, the city council shall proceed to direct the building official to enforce the provisions of this chapter to terminate the use.
(11) Any person aggrieved by the decision of the city council may appeal to the Grant County superior court as provided in Chapter 19.11 ECMC. (Ord. 514 § 1, 2016; Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)