Chapter 17.25
GENERAL PROVISIONS
Sections:
17.25.010 Conflict with other laws and other legal documents.
17.25.020 Classification of uses.
17.25.025 Unclassified uses.
17.25.030 Minimum requirements.
17.25.040 Permits in conflict with these regulations.
17.25.050 Construction begun prior to the adoption of this code.
17.25.060 Substandard lots.
17.25.070 Erection of more than one principal structure on a lot.
17.25.080 Permitted building area.
17.25.090 Exceptions to height regulations.
17.25.100 Exceptions to required yard regulations.
17.25.110 Standards for accessory uses and structures.
17.25.120 Restoration of unsafe buildings.
17.25.130 Building grades.
17.25.140 Buildings to be moved to new lots.
17.25.150 Building permits required.
17.25.160 Building conversions.
17.25.170 Nonconforming situations.
17.25.180 Extension or enlargement of nonconforming situations.
17.25.190 Repair, maintenance, and construction.
17.25.200 Change in use of property where a nonconforming situation exists.
17.25.210 Abandonment and discontinuance of nonconforming situations.
17.25.220 Completion of nonconforming projects.
17.25.010 Conflict with other laws and other legal documents.
Where other laws, codes (not including the previously adopted zoning code), or private restrictive covenants in recorded deeds, or any other legally binding agreements impose greater requirements, regulations, or restrictions than those contained herein, those other laws, codes, or covenants shall control, regardless of whether such laws or documents have been passed or created prior to or subsequently to the effective date of this code. (Ord. 929 Ch. 6(A), 1995).
17.25.020 Classification of uses.
(1) No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or structure or land be used, designed, or arranged for any purpose other than is permitted pursuant to this section in the district in which the building or structure or land is located; provided, that such regulations shall not prohibit the continuance of an existing use.
(2) Land Use Classifications Established. This section establishes permitted, conditional, accessory and prohibited uses for all properties within the city limits. All uses in a given zone are one of the following five types:
(a) Permitted Use. Land uses allowed outright within a zone. The specific types of permitted uses are set forth in the zoning code chapters for each zoning district.
(b) Conditional Use (Hearing Examiner). Uses with special characteristics that may not generally be appropriate within a zoning district, but may be permitted subject to review by the hearing examiner to establish conditions to protect public health, safety and welfare. The specific types of conditional uses are set forth in the zoning code chapters for each zoning district.
(c) Accessory Use. Uses customarily incidental and subordinate to the principal use and located upon the same lot occupied by the principal use. Accessory uses are determined by the community development director or designee on a case-by-case basis.
(d) Prohibited Use. Any use which is not specifically enumerated or interpreted by the city as allowable in that district. Any use not specifically listed as a permitted, conditional, or accessory use is prohibited, except those uses determined to be unclassified and permitted by the community development director pursuant to SMC 17.25.025. Any prohibited use is illegal and is subject to civil or criminal penalties under SMC Title 13, Code Enforcement.
(e) Unclassified Use. A use which is not a permitted use, a conditional use, or an accessory use, but which is interpreted by the community development director as similar to a permitted, conditionally permitted, or accessory use and not otherwise prohibited, pursuant to SMC 17.25.025, Unclassified uses. (Ord. 1264 § 2, 2010; Ord. 929 Ch. 6(B), 1995).
17.25.025 Unclassified uses.
(1) Unclassified Uses. Upon inquiry by an applicant, an administrative interpretation shall be made by the community development director or designee to determine if a proposed use not specifically listed is either allowed or prohibited, utilizing the criteria in subsection (2) of this section. Should an interpretation be made that a proposed, unlisted use not be allowed in a specific zoning district, the director shall indicate which zones, if any, do permit the use. If the community development director’s interpretation indicates that an unlisted use is not consistent with the permitted, conditional or accessory uses in any district, or if a party does not concur with the permit type applied to a use, appeal may be made pursuant to SMC 17.80.130. Interpretations made by the community development director may be documented, and updates to this title, when consistent with the title format and level of detail, shall incorporate “unclassified use” interpretations upon adoption of a zoning code amendment by the city council.
(2) Criteria for Unclassified Uses. In order to make a determination that an unclassified use is permitted, conditionally permitted, or accessory, the community development director must find that the use is:
(a) In keeping with the purpose and intent of the zone and consistent with the Stanwood comprehensive plan policies; and
(b) Similar in nature to, and no more intense than, a specifically listed permitted, conditional or accessory use. (Ord. 1264 § 3, 2010).
17.25.030 Minimum requirements.
The regulations set forth in this code shall be considered to be minimum requirements for the purpose of promoting the general public health, safety and welfare of the people of the city of Stanwood.(Ord. 929 Ch. 6(C), 1995).
17.25.040 Permits in conflict with these regulations.
Permits for the construction of buildings, or for the use of land or buildings that have been issued permits prior to or within one year from the adoption of this code, and that are in violation with the regulations of this code shall be declared void, unless evidence is shown to establish that substantial expenditures have been made (see definition of substantial expenditures). Investment in real property shall not be construed as an expenditure toward construction. Unless actual construction work, including grading and excavation, is underway within one year after the adoption of this code, and construction is completed within three years from the adoption of this code, such permit(s) shall become void. (Ord. 929 Ch. 6(D), 1995).
17.25.050 Construction begun prior to the adoption of this code.
Nothing in this code shall be deemed to require any change in plans, construction, or designated use of any building or structure upon which actual construction was lawfully begun prior to the adoption of this code and upon which actual construction has been diligently carried on; and provided further, that such building or structure shall be completed within three years from the date of passage of this code. (Ord. 929 Ch. 6(E), 1995).
17.25.060 Substandard lots.
Any lot in a single ownership, whose ownership was of record at the time of the adoption of this code, and which does not meet the requirements for yards or other open space may be utilized for single residence purposes; provided the requirements for such yard, width, depth, or open space is within 75 percent of that required by the terms of this code. The purpose of this provision is to permit utilization of recorded lots that lack adequate width or depth, as long as reasonable living standards can be provided. Anyone who cannot meet this 75 percent requirement may apply for a variance under the procedures set forth in SMC 17.80.110 and 17.80.130. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 6(F), 1995).
17.25.070 Erection of more than one principal structure on a lot.
More than one structure containing a permitted or permissible principal use may be erected on a single lot in conformance with the provisions of this code; provided, that required yard area, setbacks, lot area and other requirements of this code shall be met for each structure as though it were on an individual lot or as may be otherwise specified in this code. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 6(G), 1995).
17.25.080 Permitted building area.
The principal buildings on any lot or parcel of land shall be erected within the area bounded by the building lines established by setback or yard requirements. Accessory buildings may be erected within any building area established for the principal building and in required yard areas as may be provided for in this code. (Ord. 929 Ch. 6(H), 1995).
17.25.090 Exceptions to height regulations.
The height limitations contained in the tables of dimensional and density requirements shall not apply to spires, belfries, cupolas, chimneys, elevator machine rooms, elevator shafts, antennas, water tanks, ventilators, roof mechanical penthouses solely for air handling equipment, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy; however, the heights of these structures or appurtenances thereto shall not exceed any height limits prescribed by airspace height zones. Additionally, the height requirements shall not apply to an elevator shaft as stated above; provided, that said elevator shaft does not occupy more than 20 percent of the roof of the building on which it is located. (Ord. 929 Ch. 6(I), 1995).
17.25.100 Exceptions to required yard regulations.
In all zoning districts, every part of every required yard shall be open and unobstructed at and above ground level, except as provided for herein or as otherwise permitted in this code:
(1) Eaves shall not project over 24 inches into a required yard. Where the side yard is less than five feet, no eaves may project into a required yard.
(2) Movable awnings and decks averaging less than 30 inches from the ground may project into a required yard area, provided they do not cover more than one-half the width of the required yard.
(3) In all zoning districts, fences, walls, and hedges shall be permitted within any required front, rear, or side yard area. However, no fence, wall, hedge, or other landscaping shall conflict with the “sight triangle” requirements contained in the landscape performance standards in this code.
(4) Sheds, playhouses, gazebos, etc., and other accessory structures less than 120 square feet, may be located within two feet from property lines.
(5) Distance shall be measured at the narrowest space between the structure and property line, and shall not include any roof overhang (eaves) in calculating the building/setback measurement. In no instance shall any roof overhang be allowed to extend beyond a property line.
(6) When a building exceeds two stories in height, the minimum distance from an adjacent side property line shall be increased by five feet for each story above two. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 6(J), 1995).
17.25.110 Standards for accessory uses and structures.
No accessory uses or structures shall be located in any required yard except as provided for below or as otherwise permitted in this code:
(1) In all zoning districts, accessory uses and structures over 120 square feet shall not be located in required front yards, but may be located in required side or rear yards, not less than five feet from the side or rear lot line; provided, however, that accessory structures for the housing of persons, such as a garage apartment, shall not be located in any required yard. Additionally, notwithstanding the minimum front yard setback requirement for single-family detached dwellings, any garage, whether attached or detached, shall have a minimum front yard setback requirement of 20 feet.
(2) In all zoning districts, rooftop air conditioning and ventilating units shall be so screened as to not be visible from the immediate public right-of-way. This requirement shall not apply to single-family detached dwelling units.
(3) When an accessory building is attached to and made a part of the main building for at least 50 percent of the length of one of the abutting walls of such accessory buildings, or when the total length of the abutting walls of the accessory building is equal to 50 percent of the longest wall of the accessory building, then the accessory building shall be considered an integral part of the main building.
(4) An accessory building, unless attached to and made a part of the main building, shall be not closer than five feet to the main building. (Ord. 1264 § 5, 2010; Ord. 1110 § 3, 2002; Ord. 929 Ch. 6(K), 1995).
17.25.120 Restoration of unsafe buildings.
Nothing in this code shall prevent the strengthening or restoring to a safe condition any part of any building declared unsafe by the building official or required by any lawful order. (Ord. 929 Ch. 6(L), 1995).
17.25.130 Building grades.
Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. (Ord. 929 Ch. 6(M), 1995).
17.25.140 Buildings to be moved to new lots.
Any building that has been wholly or partially erected shall not be moved and/or placed upon any premises until a permit for such removal shall have been obtained from the planning director. When moved onto new premises, such building shall conform to all the provisions of this code. (Ord. 929 Ch. 6(N), 1995).
17.25.150 Building permits required.
No building or other structure greater than 120 square feet shall be erected, moved, added to or structurally altered without a valid permit issued by the building official. No building permit shall be issued except in conformity with the provisions of this code, unless a written order in the form of a variance as provided by this code has been issued. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 6(O), 1995).
17.25.160 Building conversions.
No development permit shall be required if an existing building is converted from one use to another, so long as the proposed use is permitted in the zoning district in which the building is located. Additionally, no development permit shall be required if an existing building containing rental apartments is converted to condominiums (or vice versa), so long as either the total number of dwelling units within the building does not increase, or if they do increase, they do not exceed the density limits permitted in the zoning district in which the building is located, and all off-street parking requirements can be met. (Ord. 929 Ch. 6(P), 1995).
17.25.170 Nonconforming situations.
(1) Unless otherwise specifically provided in this code, nonconforming situations that were otherwise lawful on the effective date of this code may be continued.
(2) When a nonconforming lot can be used in conformity with all of the requirements applicable to the intended use, except that the lot is smaller than the required minimums set forth in the dimensional and density requirements for each zoning district, then the lot may be used as proposed just as if it were conforming.
(3) When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the planning director may allow variances from the applicable setback requirements if he/she finds that:
(a) The property cannot reasonably be developed for the use proposed without such deviations;
(b) These deviations are necessitated by the size or shape of the nonconforming lot;
(c) The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety; and
(d) Compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, financial hardship does not constitute grounds for finding that compliance is not reasonably possible.
(4) SMC 17.25.170 through 17.25.220 apply only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it.
(5) If, on the date this code becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of SMC 17.25.170 through 17.25.220. This requirement shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 6(Q)(1-5), 1995).
17.25.180 Extension or enlargement of nonconforming situations.
(1) Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:
(a) An increase in the total amount of space devoted to a nonconforming use; or
(b) Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations, density requirements, or other requirements such as parking requirements.
(2) Subject to subsection (4) of this section, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this code, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building.
(3) A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming.
(4) The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased, and the equipment or processes used at a location where a nonconforming situation exists may be changed, if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other requirements of SMC 17.25.170 through 17.25.220 occur.
(5) Notwithstanding subsection (1) of this section, any structure used for single-family detached residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements.
(6) Notwithstanding subsection (1) of this section, whenever: (a) there exists a lot with one or more structures on it, and (b) a change in use that does not involve any enlargement of a structure is proposed for such lot, and (c) the off-street parking or loading requirements of this code that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for off-street parking or loading, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation. However, the applicant shall be required to comply with all applicable off-street parking and loading requirements that can be satisfied without acquiring additional land, and shall also be required to obtain satellite off-street parking if: (a) parking requirements cannot be satisfied on the lot with respect to which the permit is required; and (b) such off-street satellite parking is available within 500 feet of the site said satellite parking area is intended to serve, measured from property line to property line. If such off-street satellite parking is not reasonably available at the time the permit is granted, then the permit recipient shall be required to obtain it if and when it does become reasonably available. This requirement shall be a continuing condition of the permit. (Ord. 929 Ch. 6(Q)(6), 1995).
17.25.190 Repair, maintenance, and construction.
(1) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than 25 percent of the appraised valuation of the structure to be renovated, may be done only in accordance with a permit issued pursuant to this code.
(2) If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed 25 percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a permit issued pursuant to this code. This subsection does not apply to structures used for single-family detached residential purposes, which structures may be reconstructed pursuant to a permit just as they may be enlarged or replaced.
(3) For purposes of subsections (1) and (2) of this section:
(a) The “cost” of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement.
(b) The “cost” of renovation or repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of subsections (1) or (2) of this section by doing such work incrementally.
(c) The “appraised valuation” shall mean either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally recognized property appraiser.
(4) The building official shall issue a permit authorized by this section if it finds that, in completing the renovation, repair or replacement work:
(a) No violation of subsection (2) of this section will occur;
(b) The permittee will comply to the extent reasonably possible with all provisions of this code applicable to the existing use (except that the permittee shall not lose his right to continue a nonconforming use); and
(c) Compliance with a requirement of this code is not reasonably possible if it cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. (Ord. 929 Ch. 6(Q)(7), 1995).
17.25.200 Change in use of property where a nonconforming situation exists.
(1) A change in use of property (where a nonconforming situation exists) that is sufficiently substantial to require an amendment in accordance with Chapter 17.155 SMC may not be made, except in accordance with subsections (2) through (4) of this section.
(2) If the intended change in use is to a principal use that is permissible in the zoning district where the property is located, and all of the other requirements of this code applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this code is achieved, the property may not revert to its nonconforming status.
(3) If the intended change in use is to a principal use that is permissible in the zoning district where the property is located, but all of the requirements of this code applicable to that use cannot reasonably be complied with, then the change is permissible if the planning director approves the change. A permit may be issued if the planning director finds, in addition to any other findings that may be required by this code, that:
(a) The intended change will not result in a violation of SMC 17.25.190; and
(b) All of the applicable requirements of this code will be reasonably complied with. Compliance with a requirement of this code is not reasonably possible if it cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. And, in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformities would thereby be created.
(4) If the intended change in use is to another use that is also nonconforming, then the change is permissible if the planning director approves the change. The planning director may issue the permit if he or she finds, in addition to other findings that may be required by this code, that:
(a) The use requested is one that is permissible in some other zoning district;
(b) All of the conditions applicable to the permit authorized in subsection (3) of this section are satisfied; and
(c) The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 6(Q)(8), 1995).
17.25.210 Abandonment and discontinuance of nonconforming situations.
(1) If the principal activity on property where a nonconforming use or situation exists is (a) discontinued for a consecutive period of 180 calendar days, or (b) discontinued for any period of time without a present intention of resuming that activity, then that property may thereafter be used only in conformity with all of the regulations applicable to the preexisting use, unless the planning director approves the property to be used for this purpose without correcting the nonconforming situations. A permit may be issued if the planning director finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformities need not be corrected.
(2) For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 180 calendar days shall not result in a loss of the right to rent that apartment or space thereafter, so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.
(3) When a structure or operation made nonconforming by this code is vacant or discontinued at the effective date of this code, the 180 calendar-day period for purposes of this section begins to run on the effective date of this zoning code. (Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 929 Ch. 6(Q)(9), 1995).
17.25.220 Completion of nonconforming projects.
(1) All nonconforming projects on which construction was begun before the effective date of this code, as well as all nonconforming projects that are at least 10 percent completed in terms of the total expected cost of the project (excluding land acquisition) on the effective date of this code may be completed in accordance with the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this subsection shall apply only to the particular phase under construction.
(2) Except as provided in subsection (1) of this section, all work on any nonconforming project shall cease on the effective date of this code, and all permits previously issued for work on nonconforming projects may begin or may be continued only pursuant to a permit issued in accordance with this section for the type of development proposed. The city council shall order the issuance of such a permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the code as it existed before the effective date of this code and, thereby, would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these findings may be made, the city council shall be guided by the following, as well as other relevant considerations:
(a) All expenditures made to obtain or pursuant to a validly issued and unrevoked development permit shall be considered as evidence of reasonable reliance on the code that existed before this code became effective.
(b) Except as provided in subsection (2)(a) of this section, no expenditures made more than three years before the effective date of this code may be considered as evidence of reasonable reliance on the law that existed before this code became effective.
(c) To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made some expenditure to acquire a potential development site if the property obtained is approximately as valuable under the new classification as it was under the old, for the expenditure can be recovered by a resale of the property.
(d) To the extent that a nonconforming project can be made conforming and that expenditures made or obligations incurred can be effectively utilized in the completion of a conforming project, a party shall not be considered prejudiced by having made such expenditures.
(e) An expenditure shall be considered substantial if it is equal to 10 percent or more of the total estimated cost of the proposed project (excluding land acquisition).
(f) A person shall be considered to have acted in good faith if actual knowledge of a proposed change in the code affecting the proposed development site could not be attributed to him or her.
(g) Even though a person had actual knowledge of a proposed change in the code affecting a development site, the city council may still find that he or she acted in good faith if he or she did not proceed with his or her plans in a deliberate attempt to circumvent the effects of this code. The city council may find that the developer did not proceed in an attempt to undermine the code if it determines that: (i) at the time the expenditures were made, either there was considerable doubt about whether any code would ultimately be passed, or it was not clear that the proposed zoning code would prohibit the intended development, and (ii) the developer had legitimate business reasons for making expenditures.
(3) When it appears from the developer’s plans or otherwise that a project was intended to be or reasonably could be completed in phases, stages, segments, or other discrete units, the developer shall be allowed to complete only those phases or segments with respect to which the developer can make the showing required under subsection (2) of this section. The city council shall, in determining whether a developer would be unreasonably prejudiced if not allowed to complete phases or segments of a nonconforming project, consider the following in addition to other relevant factors:
(a) Whether any plans prepared or approved regarding uncompleted phases constitute conceptual plans only or construction drawings based upon detailed surveying, architectural, or engineering work;
(b) Whether any improvements, such as streets or utilities, have been installed in phases not yet completed;
(c) Whether utilities and other facilities installed in completed phases have been constructed in such a manner or location or such a scale, in anticipation of connection to or interrelationship with approved but uncompleted phases, that the investment in such utilities or other facilities cannot be recouped if such approved but uncompleted phases are constructed in conformity with existing regulations.
(4) The city council shall not consider any application for the permit authorized by subsection (2) of this section that is submitted more than 60 working days after the effective date of this code. The council may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one year.
(5) The council shall send copies of this section to the persons listed as owners for tax purposes (and developers, if different from the owners) of all properties in regard to which permits have been issued for nonconforming projects or in regard to which a nonconforming project is otherwise known to be in some stage of development. This notice shall be sent by certified mail not less than 15 working days before the effective date of this code.
(6) The city council shall establish expedited procedures for hearing applications for permits under this section. These applicants shall be heard, whenever possible, before the effective date of this code so that construction work is not needlessly interrupted. (Ord. 929 Ch. 6(Q)(10), 1995).