(a) Discontinuation of nonconforming uses. A nonconforming use is allowed to continue unless the use is discontinued for a period of 180 or more consecutive days, and there are no substantial good faith efforts to re-establish the use during this period. Obtaining permits to maintain the existing use or significant continuous efforts to market the property for sale or lease for the existing use (e.g., MLS listing, realtor contract, etc.) shall be regarded as substantial good faith efforts. A nonconforming use shall be deemed discontinued after a period of 365 consecutive days regardless of any substantial good faith efforts to re-establish the use. Thereafter, the structure or property associated with the use may be used only for conforming use. Special uses discontinued for a period of 365 or more consecutive days shall be regarded as nonconforming uses and shall not be re- established without new special use permit approval.
(b) Replacement of one nonconforming use with another nonconforming use. A nonconforming use may be allowed to be replaced by another nonconforming use of equal or lesser impact as provided in subsection (c) below. For uses not listed below, a nonconforming use may be allowed to be replaced by another nonconforming use upon a finding by the planning and zoning commission that the proposed use is more nearly compatible with the surrounding properties than the nonconforming use which it replaces, as measured by traffic or noise generation, site activity, hours of operation, and other factors that the commission finds relevant to compare or differentiate between the existing use(s) and the proposed replacement use(s). The planning and development director or commission, as applicable, may establish conditions to ensure that the compatibility factors are maintained as approved.
(c) Land use impact table. See Table of Permitted Uses under columns labeled “Land Use Impact” at section 7-8-1(d) for a list of land uses and their associated impacts.
(d) Overcoming presumption of discontinuation of use. A presumption that a nonconforming use of the land has ceased, based solely on the length of time the use of the land has remained vacant or inactive, may be rebutted if the use of the land has not ceased for more than two years. Such a presumption may be overcome, upon demonstrating that substantial good faith efforts have been made to re-establish the use during this period. Obtaining permits to maintain the existing use or providing documentation that shows continuous marketing of the property for sale or lease for the existing use (e.g. MLS listing, realtor contract, etc.) shall be regarded as substantial good faith efforts.
(e) Conforming uses becoming nonconforming. No use may be established if it renders another conforming use to become nonconforming.
(f) Nonconforming short-term vacation rentals. All lawfully existing nonconforming lodging facilities which would now be classified as a "short-term vacation rental" may continue in operation until such time that the lodging use is discontinued for a period greater than 180 consecutive days. In addition, the short-term vacation rental annual permit will be required for all nonconforming short-term vacation rentals and failure to renew said permit before its expiration will also constitute a conclusory presumption that the lawful nonconformity has ceased for more than 180 consecutive days, and will result in the voluntary forfeiture of all rights and claims to operate a short-term vacation rental at the address noted on the permit under this provision.
(Ord. No. 3478, § 1, 5-22-07; Ord. No. 3700, § 1o, 2-10-09; Ord. No. 3791, § 1j, 9-22-09; Ord. No. 3793, § 1f, 9-22-09; Ord. No. 4448, § 1c, 9-8-15; Ord. No. 4560, § 1q, 2-14-17; Ord. No. 4637, § 1v, 1-9-18; Ord. No. 5028, § 1m, 7-25-23; Ord. No. 5057, § 1p, 1-23-24)