17.80.010 Purpose and administration of provisions.
A. The purpose of this chapter is to regulate and gradually eliminate buildings, structures, and land uses that were legally permitted at the time of their inception, but that no longer conform to existing city ordinances. All such items shall be considered nonconforming uses. The designation of nonconforming use shall not apply to any building, structure, or land use that was not legally permissible at the time of inception. These items are considered illegal uses. An illegal nonconforming use shall be terminated immediately without regard to this section and shall be abated or brought into conformance with applicable provisions of this title.
B. Procedure for Determination. Upon request, the community development director or designee shall determine whether a building, structure, or parcel of land meets the criteria of a nonconforming use based on evidence presented. The community development director or designee shall determine the existence, expansion, or modification of a nonconforming lot or use, noncomplying structure, or other nonconformity as provided in the following procedure:
1. If a determination of the nonconforming status of a property is desired, the owner or his designee shall make application for a zone verification with the community development department. The community development director or designee shall then investigate the factual and legal history of the subject property and shall thereafter make a determination of the nonconforming status of the property.
2. Notice of the determination of nonconforming status shall be mailed to the owners of the subject property.
3. If within 10 days after notice is mailed, information is received by the community development director or designee, which may affect the validity of the determination, the administrator may make an amended determination. Notice of an amended determination shall be given as set forth in this subsection (B).
4. The notice shall include a statement that any determination may be appealed as provided in Chapter 17.00 WPCC and shall state the date by which the appeal must be filed.
5. Such evidence may include building permits, tax records, photographs, receipts, signed contracts, historical documents, or other written evidence. The property owner shall have the burden of establishing the legal existence of a noncomplying structure or nonconforming use. [Ord. 08-17-2021B § 2 (Exh. A)].