A. Procedure: The planning director, or his/her designee, shall determine the existence, expansion, or modification of a nonconforming lot, structure, use or other nonconformity as provided in the following procedure:
1. If a determination of the nonconforming status of a property is desired, the owner or his designee shall make application for a zone verification with the department of planning. The planning director shall then investigate the factual and legal history of the subject property and shall thereafter make a preliminary determination of nonconforming status of the property.
2. Notice of the preliminary determination of nonconforming status shall be mailed to the owners of the subject property and immediately abutting properties, and to the chairman of the neighborhood where the property is located.
3. If within fourteen (14) days after notice is mailed, information is received by the planning director which may affect the validity of the preliminary determination, the director shall make an amended preliminary determination. Notice of the amended preliminary determination shall be given. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)
4. If no new information is received by the planning director within fourteen (14) days after notice of a preliminary determination is mailed, the preliminary determination shall become final. The notice shall include a statement that the final determination may be appealed to the planning commission as provided in section 18.84.460 of this title, and shall state the date by which the appeal must be filed. (Ord. 2013-04, 2-19-2013, eff. 4-1-2013)
B. Burden Of Proof: In all cases, the property owner shall have the burden of proving by a preponderance of evidence that a lot, structure, use or other circumstance which does not conform to the provisions of this title complied with applicable ordinance requirements in effect when the nonconforming circumstance was established.
C. Abatement Or Compliance: If a property owner is unable to demonstrate that a lot, structure, use or other nonconforming circumstance was legally established, it shall be deemed illegal and shall be abated or brought into conformance with applicable provisions of this title. Abatement or compliance shall be achieved within thirty (30) days, unless the work which must be undertaken to achieve compliance cannot be accomplished in that time period. In such case the owner of the property shall enter into a legally binding agreement wherein the owner agrees to a schedule to achieve conformity as soon as reasonably practicable, so long as compliance is achieved within six (6) months. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)