A nonconforming use, including any land use that becomes legally non-conforming upon the effective date of this chapter, may be continued, including interior modifications and change of ownership, subject to all of the provisions of this section.
.010 Expansion of Use Prohibited. A legally nonconforming use may not be intensified or expanded in area or volume, except as provided in this chapter.
.020 Minor Expansion. A nonconforming use is allowed a one-time expansion subsequent to the time it became nonconforming; provided the expansion does not exceed ten percent (10%) of the area or volume, or one thousand (1,000) square feet, whichever is less, of the use at the time it became nonconforming, and complies with all other provisions of this title.
.030 Modification of Use. A nonconforming use may be modified to a use deemed similar in nature, but lesser or equal in intensity and impact, including required number of parking spaces, as determined by the Planning Director. The Planning Director shall have authority to approve or deny the modification, based on the findings set forth in subsection 18.62.040.050 (Findings). The decision of the Planning Director may be appealed pursuant to subsection 18.60.140.010 (Appeal Authority).
.040 Abandonment of Use. If any nonconforming use is abandoned, it shall be considered automatically terminated, and any future use of the premises shall conform to the provisions of this title. For purposes of this chapter, cessation of the nonconforming use, and/or the change to a conforming use for a continuous period of not less than six (6) months, shall be deemed to be an abandonment of the nonconforming use.
.050 Modification of Building. A building containing a nonconforming use shall not be enlarged or reconstructed, except as provided herein. Structural alterations or tenant improvements, including but not limited to, replacements of walls, electrical fixtures or plumbing, may be permitted; provided the alterations comply with current code, and do not expand the nonconforming use or increase the required number of parking spaces, except as provided herein.
.060 Destruction of Building. If a building containing a nonconforming use is destroyed to the extent of more than seventy-five percent (75%) of its construction valuation (total construction cost to replace the building and structure in kind, based on current costs determined by the Building Official), then the right to maintain the nonconforming use shall expire, and the use of the building shall thereafter conform to all applicable zoning provisions.
.070 Permit Nonconformance. Any continuing use that becomes or is nonconforming solely by virtue of not meeting the currently applicable permitting requirements of this title may become a conforming use by obtaining the appropriate permit(s). Until the appropriate permits are obtained, the use remains a nonconforming use subject to the provisions of this chapter.
.080 Subdivision of Property with Nonconforming Use; Relocation of Nonconforming Use. Any property that is developed with a nonconforming use shall not be subdivided, unless the nonconforming use is made conforming in conjunction with the subdivision request. A nonconforming use may not be relocated to another location on the property or to an adjoining property. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 21; September 21, 2009.)