A. Application; Conditions For Approval: Whenever land or a structure is used in violation of this title, the owner may file an application with the planning commission to have the use declared nonconforming. The planning commission may approve such an application only when the evidence establishes all of the following:
1. The use exists on the property at the time of the application and has been in continuous violation of the land use ordinance for a period exceeding five (5) years;
2. No complaint has been made to the community development department concerning the violation for a period exceeding five (5) consecutive years during which the violation existed;
3. Continuation of the use will not have a detrimental effect on the health, safety or welfare of persons or property in the vicinity;
B. Conditions May Be Set: In approving an application hereunder, the planning commission may set any conditions it deems necessary for protection of adjacent properties or the public welfare, including provisions limiting the period of time the use may continue. This section shall in no way be interpreted to permit the continuation of any violation which exists on the effective date hereof. Any person shall have the right to appeal to the city council a decision rendered by the planning commission pursuant to this section. (Ord. 2012-15, 9-20-2012)