Nonconforming uses shall not be expanded or changed except as provided below.
(A) Expansion. Nonconforming uses may only be expanded as follows.
(1) Residential uses. A nonconforming residential use may expand the portion of an existing structure that it occupies, and may expand into an enlargement of a structure that it occupies, provided the number of dwelling units does not increase and the area the residential use is expanding into has not been used for a conforming use within the previous 12 months.
(2) Non-residential uses. Non-residential nonconforming uses may be allowed to expand with approval of a conditional use permit where the Planning Commission makes all of the following findings
(a) The expanded use is located within an existing, completely enclosed structure;
(b) The proposed expansion of the nonconforming use would not be detrimental to public health, safety, or general welfare; and
(c) With the exception of the nonconforming use, the proposed expansion would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable specific plan.
(B) Change in tenancy, ownership, or management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use, as defined in Chapter 23.35.
(C) Change from a nonconforming use to permitted use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use.
(D) Absence of permit. Any use that is nonconforming solely by reason of the absence of a permit or approval may be changed to a conforming use by obtaining the appropriate permit or approval.
(Ord. 4823, passed 1-22-24)