§ 17.58.060. Process to confirm the legality of a nonconforming use, lot or structure.

Any person may request a Type I or a Type II review to confirm the legality of a nonconforming use, lot or structure. In order to confirm that the nonconforming use, lot or structure is legal, sufficient evidence shall be submitted to the city determining the following:

A.

The nonconforming use or structure was established lawfully; and

B.

The nonconforming use or structure has not become more nonconforming within the past twenty years from the date of application.

The applicant shall provide sufficient evidence to allow the community development director to review and confirm the legality of a nonconforming use, lot or structure. An applicant may request a Type I procedure, provided the applicant can provide sufficient evidence to confirm 17.58.060A. and B. without discretion. If the applicant cannot provide sufficient evidence to determine 17.58.060A. and B. without discretion, the applicant may apply for a Type II procedure. Applications for a Type II procedures shall be noticed to the public in a public comment period to gather additional information. If the applicant cannot show that the nonconforming use, lot or structure was lawfully established or has not been expanded pursuant to 17.58.060A. and B. above, the use, lot or structure shall be determined to be illegal.

(Ord. No. 08-1014, §§ 1—3(Exhs. 1—3), 7-1-2009)