Electric City City Zoning Code
18.55 Nonconforming
Uses and Structures
(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.
18.55.010 Continuation of nonconforming uses and structures.
Uses of land and structures existing on the date of adoption of the ordinance codified in this title, although such use or structure does not conform to the provisions of this title, may continue upon such conditions as prescribed by the planning agency. After this title becomes effective, nonconforming uses or structures damaged by fire or other cause to an extent exceeding an aggregate cost of 25 percent or more of its replacement value, or abandoned through discontinuation of use for a period exceeding 12 months or more, subsequent use of the land and/or structure shall be in conformity with the provisions of this code. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use on or before the date of adoption of the ordinance codified in this title shall not be considered an extension of a nonconforming use. The conditions prescribed by the planning agency for the continued use of a nonconforming use or structure must bear a substantial relation to the alleviation of a hazard to the health, morals, safety, or general welfare of the entire affected community and in particular that of surrounding inhabitants. Conditions may be prescribed including, but not limited to, those situations existing because of fumes, odors, glare, noise, smoke, dust, unsightly materials, or other objectionable factors. If, in fact, conditions are prescribed by the planning agency, such conditions shall be reviewed and revised, if necessary, no less frequently than every two years and/or upon change of ownership.
An appeal may be taken of the planning agency’s ruling to the hearing examiner as prescribed in Chapter 19.11 ECMC. (Ord. 514 § 1, 2016; Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)
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)
18.55.030 Nonconforming structure.
A structure conforming with respect to use but nonconforming with respect to height, setback, or coverage may be altered or extended if the alternation or extension does not deviate further from the standards of this title, unless otherwise stated in this chapter. (Ord. 514 § 1, 2016; Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)
18.55.040 Change of a nonconforming use.
If a nonconforming use is replaced by another use, the new use shall conform to this title and shall not subsequently be replaced by a nonconforming use. (Ord. 514 § 1, 2016; Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)
18.55.050 Change of district.
The provisions of this chapter shall also apply to nonconforming uses in districts hereafter changed or established and any time limit for the suspension of a nonconforming use of land shall date from the date of the enactment of the ordinance codified in this title or any amendment of district boundaries or amendment or adoption of zoning ordinances. (Ord. 514 § 1, 2016; Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)
18.55.060 Remodeling a nonconforming use.
Recognizing that there are nonconforming buildings or structures which are now existing which should be upgraded or improved by replacement, rebuilding, or addition thereto, the city council may, after a public hearing, issue a permit for the replacement, rebuilding, or addition to an existing nonconforming building or structure. As a condition to the issuance of the permit, the city council shall require plans and specifications of the proposed replacement, rebuilding, or addition be filed and that a bond in an amount to be set by the council be posted to assure compliance with the plans and specifications so filed. No permit shall be issued unless the city council finds that the proposed replacement, rebuilding, or addition will be compatible with the lot or tract of land involved and, further, that it will not be detrimental to the health, safety, or welfare of the surrounding area.
The aforesaid section shall not apply to duplexes in areas currently zoned R-1 or areas subsequently zoned R-1 either through a rezoning or upon territory being annexed into the corporate limits of the city of Electric City which are intended to be replaced, rebuilt, or added to totally or partially because of destruction. In the case of such replacement, rebuilding, or addition, ECMC 18.55.070 shall apply. (Ord. 514 § 1, 2016; Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)
18.55.070 Rebuilding duplexes in R-1 zones.
In areas currently zoned R-1 or areas subsequently zoned R-1 either through a rezoning or upon territory being annexed into the corporate limits of the city of Electric City, if a duplex exists as a nonconforming use and is destroyed, it may be replaced, rebuilt, or added to by the owner/purchaser/vendee of the duplex without reference to the provisions of this section. In the case of such aforesaid replacement, rebuilding, or addition, the duplex may be replaced, rebuilt, or added to upon obtaining a building permit as is required for all construction in the city; provided, that the replacement, rebuilding, or addition otherwise complies with all other current or subsequently enacted ordinances of the city.
If an exclusion from any ordinances is desired during this rebuilding, replacement or addition process, application must be made to the city council, who may allow the sought after exclusion if the city council finds that strict adherence to the ordinances would work an injustice against the owner/purchase/vendee of the duplex and further would not be detrimental to the health, safety, or welfare of the surrounding area. (Ord. 514 § 1, 2016; Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)