1017_00001ORDINANCENO.1017
ANORDINANCERELATINGTOCHAPTER18.69 OF THEMOSESLAKEMUNICIPALCODEENTITLED"NON-CONFORMINGUSES"BY AMENDINGSECTION18.69.010 ANDADDINGSECTION18.69.015
THE CITY COUNCILOF THECITY OFMOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS:
Section 1.Chapter 18.69 of the Moses Lake Municipal Code entitled "Non-ConformingUses"is hereby amendedto read as follows:
i 18.69.010 Continuation of Non-Conforming Use:The use of land existing at thetimeofthepassageoftheordinancecodifiedinthistitleandpriorOrdinanceNumber433,Section 270.10 (previouslycodified as 3.24.270.10)although such use does not conform to the provisions of this title,maycontinueuponsuchconditionsasprescribedbythePlanningCommission.After this ordinance becomes effective,and if such non-conforming useisabandoned,or is discontinued for a period of six months or more,subsequent use of the land shall be in conformity with the provisionsofthistitle.The extension of a non-conforming use to a portion of astructurewhichwasarrangedordesignedforthenon-conforming use atthetimetheordinancecodifiedinthistitlebecomeseffective,shallnotbeconsideredanextensionofanon-conforming use.
The conditions prescribed by the Planning Commission for the continueduseofanon-conforming use must bear a substantial relation to thealleviationofahazardtothehealth,morals,safety,or generalwelfareoftheentireaffectedcommunityandinparticularthatofsurroundinginhabitants.Conditions may be prescribed including,butnotlimitedto,those situations existing because of fumes,odors,glare,noise,smoke,dust,unsightly materials,or other objectionablefactors.If,in fact,conditions are prescribed by the Planning Com-mission because of the continuation of the non-conforming use,thematteristobereviewedbythePlanningCommissionnolessfrequentlythantwoyearsand/or upon change of ownership.I An appeal may be taken of the Planning Commission's rulings to CityCouncilasprescribedinChapter18.75 of the Moses Lake MunicipalCode.
Section 2.There is added to Chapter 18.69 of the Moses Lake Municipal Code thefoT1owingsection:
18.69.015 Non-Conforming Uses.Conditions Upon Continued Existence,When,Proce-d_u_rre :
A.Those non-conforming uses allowed to continue to exist pursuant toSection18.69.010,as now enacted or as hereafter amended,may beconditionedasprovidedinthissection.
B.The Building Official,upon receipt of any claim,complaint,report,or information that a non-conforming use exists within thecityshallinvestigatesaidclaim,complaint,report,or informa-tion and make a determination as set forth below.
C.At the conclusion of his investigation,the Building Official shalldetermineiftheuseisanon-conforming use.
D.If the use is found to be a non-conforming use,the Building Offi-cial shall determine whether or not the use is allowed to continueipursuanttoSection18.69.010.If the use is not found to be a useallowedtocontinuepursuanttoSection18.69.010,the BuildingOfficialshallproceedasprovidedinthischaptertoterminate theuse.
E.If the use is found to be a non-conforming use allowed to continuepursuanttoSection18.69.010,the Building Official shall makewrittensummaryofhisfindingsandsubmitthem,together with anyconditionsthat,in his opinion,should be attached to the use,tothePlanningCommission.
ORD.1017,Page 2
F.Upon receipt of the documentation described in subsection E,thePlanningCommissionshallproceedtosetadateforapublichear-ing before it.The purpose of that hearing shall be to determinewhatconditions,if any,shall be attached to the continuing non-conforming use pursuant to 18.69.010.Notice of the hearing shallbepublishedatleastoncepriortothehearinginanewspaperofgeneralcirculationinthecity.Additionally,the Building Offi-cial shall cause notice of the public hearing to be delivered totheadjacentlandownersandoccupantsbymailing,posting,orpersonalnotification,whichever the Building Official determinesislikelytogiveactualnoticeofthehearingtothosepersons.
G.At the conclusion of the public hearing,the Planning Commissionshallmakeafindingonwhetherornotconditionsneedtobeim-posed pursuant to Section 18.69.010.If the Planning Commission
finds conditions are necessary,it shall make findings as to whatconditionsandthereasonstherefore.
H.Any non-conforming use found to be required to be conditioned,willbeallowedtocontinueaslongastheperson,firm,partnership,orcorporationresponsibleforthatnon-conforming use agrees to abidebyandbegovernedbytheconditionsimposedbythePlanningCom-
mission within the time limits set by the Planning.Commission.TheconditionsimposedbythePlanningCommissionmaybeforaperiod
of up to 24 months.The Planning Commission may require morefrequentreviewoftheconditionsimposedontheuseasitmaydirectattheinitialpublichearingoranysubsequentreview.
I.Additionally,the Planning Commission 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 theBuildingOfficialoranycitizen.The Planning Commission shalldeterminefromareviewofthecomplaintwhetherornottheallega-
tion is sufficient to warrant a further hearing on the question.
If a further hearng is deemed appropriate,the Planning Commissionshallcausetobesenttotheperson,firm,partnership,or corpor-ation responsible for the non-conforming use a notice of a hearing
before the Planning Commission setting the date,time,and place ofthehearing.The notice shall provide,in all capital letters,in
a conspicious place thereon:"THIS HEARINGCOULDDETERMINEWHETHER
OR NOTYOURNON-CONFORMINGUSE IS ALLOWEDTOCONTINUE."Said
notice shall be delivered in the same manner as personal service of
summonsto the responsible person,or posted upon the real property
in question,or sent by United States mail service,postage pre-paid,to the address of the responsible person.Said notice shallallowtheresponsiblepartyfivedaystimebeforethehearing
within which to prepare,unless the Planning Commission findings at
the time it considers the allegation of non-compliance that thepublichealth,safety,and morals require a hearing before thattime.
J.Either prior to or at least at the time of the hearing to considertheallegationsofcomplaintconcerningnon-compliance with condi-
tions,the Planning Commission shall inform the person,firm,
partnership,or corporation responsible for the non-conforming useofthenoticeoftheallegedviolation.The Building Official
shall present the evidence of the failure to comply.The respon-sible person shall then be allowed to respond if that person sodesires.The Planning Commission 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
non-conforming use is determined by the Planning Commission as the
only method that can protect the public health,safety,and morals
to an acceptable degree,the Planning Commission shall determine
the date and time of termination.Once the privilege is terminated
for failure to observe conditions,the Planning Commission shall
proceed to direct the Building Official to enforce the provisions
of this chapter to terminate the use.
ORD.1017,Page 3
K.Any person aggrieved by the decision of the Planning Commission mayappealtotheCityCouncilasprovidedinChapter18.75.
Section 3.This ordinance shall take effect and be in force five (5)days afteritspassageandpublicationasprovidedbylaw.
PASSEDby the City Council of the City of Moses Lake,Washington,and APPROVEDbyitsMayorthis9thdayofJune
i ATTEST:
City Clerk
PRO D AS TO 0 ·
Attor
Publish:June 15,1981