Part 2 — ADVERSE PUBLIC IMPACT

A.

Notwithstanding Section 20.150.020, any lawful use rendered nonconforming due to annexation or a change in Title 20 of this Code which resulted in:

A new or changed zoning district classification of the site; or

Prohibition of the use in the existing zoning district; or

The requirement for a conditional use permit for the use;

shall be deemed a legal nonconforming use for the purposes of this part only as long as such use does not create an adverse public impact as specified in the following section.

B.

Use of the procedures contained in the following sections shall not be deemed to confer legal nonconforming status on any use which is subsequently determined to have been illegal at the time that the order to show cause was issued.

(Ord. 26248.)

A.

An adverse public impact may be demonstrated by:

Evidence of noncompliance with any condition or any law, ordinance or prior permits; or

Evidence of a substantially changed condition in neighborhood; or

Evidence that the use is creating a nuisance as defined by this title; or

Evidence that the use substantially impairs the public peace, health, safety, morals or welfare.

B.

Evidence of an adverse public impact may include, but not be limited to, impacts such as noise, traffic, parking, crime, or disturbance of the health, safety, peace or welfare of the neighboring public by owners, managers, residents, patrons or guests of the subject property.

(Ord. 26248.)

A.

The director of planning may issue an order to show cause why a legal nonconforming status should not be revoked and the use be subject to a conditional use permit or terminated due to adverse public impact.

B.

Such order shall state the basis of the adverse public impact(s), specify the facts and allegations upon which it is based and shall give notice of the time and place of a hearing to be held before the planning commission.

(Ord. 26248.)

A.

Notice of the order to show cause and public hearing shall be given in accordance with Section 20.100.190 of this title. A copy of the order shall be included with the notice.

B.

In addition to the notice required by Section 20.100.190, a copy of the order and notice shall be mailed to "Occupant" at the address of the real property subject to the order of show cause.

(Ord. 26248.)

A.

At the time specified in the order to show cause, or at such later time to which the matter is continued, the planning commission shall hold a hearing on the status of the legal nonconforming use.

B.

The planning commission, or the city council on appeal, shall hear and consider all relevant testimony and evidence presented.

C.

The planning commission, or the city council on appeal, shall determine whether or not the legal nonconforming use shall be:

Permitted to continue as a legal nonconforming use; or

Allowed to continue subject to a conditional use permit and conditions which will prevent the adverse public impact demonstrated pursuant to Section 20.150.250; or

Terminated pursuant to Section 20.150.260.

D.

Notice of the decision of the planning commission, or the city council on appeal, shall be sent by certified mail to the owners and appellants, if any, and to any other person who has, in writing, requested a copy of such decision.

(Ord. 26248.)

A.

The commission, or the city council on appeal, may allow the use to continue subject to a conditional use permit issued by the commission, if a finding is made that:

The use constitutes or results in an adverse public impact; and

The conditions contained in the conditional use permit will prevent or make insubstantial the adverse public impact(s).

B.

In such case, the use shall for all purposes be treated as a conditional use subject to the terms of the conditional use permit.

C.

The conditional use permit shall not be effective unless the property owner pays the fees for conversion to a conditional use permit as specified in the schedule of fees adopted by resolution of council.

(Ord. 26248.)

A.

The commission, or the city council on appeal, may terminate the legal non-conforming use upon finding that:

The use constitutes or results in an adverse public impact; and

The adverse public impact(s) cannot be adequately abated, substantially corrected or rectified with a conditional use permit; or

There are uncorrected violations of a city permit, ordinance or state law.

B.

Upon determining that a nonconforming use shall be terminated, the planning commission, or the city council on appeal, shall also determine what, if any, amortization period is necessary to allow the property owner a reasonable period to terminate the use commensurate with the nature and extent of the owner's investment in the property.

C.

In determining the amortization period, the commission, or the city council on appeal, shall consider, among other factors:

The length of time the property has been owned by the property owner;

The owner's ability to readily convert the use to a use which is permitted within the zoning district; and

The difference, if any, between the value of the prior use and the value of the permitted uses; and

The impacts of allowing the use to continue.

(Ord. 26248.)

A.

Any action taken by the planning commission, after a hearing on an order to show cause, may be appealed to the city council by filing a written notice of appeal with the director within ten calendar days after a copy of the decision of the planning commission has been placed in the mail to the owners of the subject property.

B.

Any owner or tenant of the subject property or any property within three hundred feet of the subject site may file such an appeal.

C.

The city clerk shall set the date of the public hearing by the council on the appeal which date shall not be less than ten nor more than sixty days after the date on which the appeal was filed. Notice of hearing shall be provided in accordance with Section 20.100.190.

D.

The city council shall hold at least one public hearing on the matter. The hearing of the council shall be de novo.

E.

The decision of the city council shall be final.

F.

The city clerk shall mail a certified copy of the decision of the city council to the owner and tenant(s) of the property and, if different, the appellant.

(Ord. 26248.)