§ 1500-13-030. Nonconforming Uses

A.

Change to Permitted Use. Any nonconforming use may be changed to a use that is principally permitted in the zone district in which it is located provided the use complies with all applicable standards for such use. A nonconforming use changed to a conforming use shall not return to a nonconforming use.

B.

Expansion of Nonconforming Use. The expansion or intensification of a nonconforming use shall require approval of a Use Permit and consistency with the following:

1.

The nonconforming use in a structure that does not conform to the Building Code may not expand the area it occupies until and unless the structure is brought into conformance with all applicable Building Code requirements;

2.

The nonconforming use shall not be expanded or extended onto adjoining property;

3.

The nonconforming use shall be brought into compliance with the parking and loading, fencing and other appropriate sections of this Zoning Code as determined through the Use Permits approval process; and

4.

The expansion of the nonconforming use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area because of noise, odors, dust, glare, vibrations, or other effects.

C.

Re-establishment of Nonconforming Use. The nonconforming use of a building may be re-established in a structure which cannot be used for a conforming use because of the design and construction of the building subject to approval of a Use Permit and consistency with the following:

1.

The nonconforming use has not ceased for a period of 10 years or more.

2.

Notwithstanding other provisions of this Chapter, the approving authority shall not be required to find that the re-established use is consistent with the General Plan; however, the approving authority shall make the finding that the structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50 percent of the structure's value within any 5 year period. This requirement may be satisfied through submittal of a report prepared by an engineer/architect; and

3.

The re-established use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area because of noise, odors, dust, glare, vibrations, or other effects.

(Ord. No. 1635, § 17, 6-27-2017)