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ORDINANCE NO. 2466
AN ORDINANCE AMENDING CHAPTER 18.69 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "NON-CONFORMING USE"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.69 of the Moses Lake Municipal Code entitled "Non-Conforming Use" is amended
as follows:
18.69.010 Continuation of Non-Conforming Use: The use of land existing at the time of the passage of the
ordinance codified in this title and prior Ordinance Number 433, Section 270.10 (previously
codified as 3.24.270.10) although such use does not conform to the provisions of this title, may
continue upon such conditions as prescribed by the Planning Commission. After this ordinance
becomes effective, and if such non-conforming use is abandoned, or is discontinued for a period
of six (6) months or more, subsequent use of the land shall be in conformity with the provisions
of this title. The extension of a non-conforming use to a portion of a structure which was
arranged or designed for the non-conforming use at the time the ordinance codified in this title
becomes effective, shall not be considered an extension of a non-conforming use.
The conditions prescribed by the Planning Commission for the continued use of a non-
conforming use 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 Commission
because of the continuation of the non-conforming use, the matter is to be reviewed by the
Planning Commission no less frequently than two (2) years and/or upon change of ownership.
An appeal may be taken of the Planning Commission's rulings to the Hearing Examiner as
prescribed in Chapter 1.20 or 18.88 of the Moses Lake Municipal Code.
18.69.015 Non-Conforming Uses, Conditions Upon Continued Existence, When, Procedure :
A.Those non-conforming uses allowed to continue to exist pursuant to Section 18.69.010, as
now enacted or as hereafter amended, may be conditioned as provided in this section.
B.The Community Development Director, upon receipt of any claim, complaint, report, or
information that a non-conforming use exists within the city shall investigate such claim,
complaint, report, or information and make a determination as set forth below.
C.At the conclusion of his investigation, the Community Development Director shall determine
if the use is a non-conforming use.
D.If the use is found to be a non-conforming use, the Community Development Director shall
determine whether or not the use is allowed to continue pursuant to Section 18.69.010. If the
use is not found to be a use allowed to continue pursuant to Section 18.69.010, the
Community Development Director shall proceed as provided in this chapter to terminate the
use.
III to • I—IN I U.UV 'Jr I IFIC IVILIOCO L/-HNC IVIUNKAF/AL
CODE ENTITLED "NON-CONFORMING USE"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.69 of the Moses Lake Municipal Code entitled "Non-Conforming Use" is amended
ORDINANCE NO. 2466
PAGE 2 May 12, 2009
F.Upon completion of the documentation described in subsection B, the Community
Development Director shall proceed to set a date for a public hearing within sixty (60) days
of the receipt of the information, unless waived by the subject property owner, before the
Planning Commission. The purpose of that hearing shall be to determine what conditions,
if any, shall be attached to the continuing non-conforming use pursuant to 18.69.010. 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 Community Development Director 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 Community Development Director determines
is likely to give actual notice of the hearing to those persons.
G.At the conclusion of the public hearing, the Planning Commission shall make a finding on
whether or not conditions need to be imposed pursuant to Section 18.69.010. If the Planning
Commission finds conditions are necessary, it shall make findings as to what conditions and
the reasons therefore.
H.Any non-conforming 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 non-conforming
use agrees to abide by and be governed by the conditions imposed by the Planning
Commission within the time limit set by the Planning Commission. The conditions imposed
by the Planning Commission may be for a period of up to twenty-four (24) months. The
Planning Commission 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.
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 the Community Development Director or any citizen. The Planning Commission
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
Planning Commission shall cause to be sent to the person, firm, partnership, or corporation
responsible for the non-conforming use a notice of a hearing before the Planning
Commission 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 NON-CONFORMING 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 (5) days time before the hearing within which to prepare,
unless the Planning Commission findings at the time it considers the allegation of non-
compliance that the public health, safety, and morals require a hearing before that time.
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PAGE 2
J. Either prior to or at least at the time of the hearing to consider the allegations of complaint
concerning non-compliance with conditions, the Planning Commission shall inform the
person, firm, partnership, or corporation responsible for the non-conforming use of the notice
of the alleged violation. The Community Development Director shall present the evidence
of the failure to comply. The responsible person shall then be allowed to respond if that
norenn crl HP q irPS The Planning Commission shall then make its findings. It shall find
Ividy IL, cuti-
F. Upon completion of the documentation described in subsection B, the Community
Development Director shall proceed to set a date for a public hearing within sixty (60) days
of the receipt of the information, unless waived by the subject property owner, before the
Planning Commission. The purpose of that hearing shall be to determine what conditions,
if any, shall be attached to the continuing non-conforming use pursuant to 18.69.010. 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 Community Development Director shall cause notice
a _ Le_ _ hx, mailinn
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Adopted by the City Council and signed by its Mayor on M 009.
Ronald C. Covey, Ni
ATTEST:
Ronald R. Cone, Finance Director
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ORDINANCE NO. 2466
PAGE 3 May 12, 2009
K. Any person aggrieved by the decision of the Planning Commission may appeal to the
Hearing Examiner as provided in Chapter 1.20 or 18.88 of the Moses Lake Municipal Code.
18.69.050 Remodeling a Non-Conforming Use: Recognizing that there are non-conforming 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 before the Planning
Commission, issue a permit for the replacement, rebuilding, or addition to an existing non-
conforming 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 City 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 Moses Lake 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 Section 18.69.060 shall apply.
18.69.060 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 Moses Lake if a duplex exists as a non-conforming 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 Section 18.69.050. 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 of Moses Lake under Moses Lake Municipal Code 16.02.
If an exclusion from any of the above referenced ordinances is desired, 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/purchaser/vendee
of the duplex and further would not be detrimental to the health, safety, or welfare of the
surrounding area.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
APPROVED AS TO FORM: d
mes A. W itaker, City-77 e
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