17.90.150 Extension of use – Determination of eligibility.
   (A)   Before a permit may be granted for the continuation of the nonconforming state in question, the Commission or Council, upon appeal to it, shall make findings from the evidence, as submitted, that the subject nonconforming building, use, storage area or performance standard (referred to in this section as "subject") is a nonconforming Group B building, use, storage area or performance standard, as described in the pertinent sections of Chapter 17.90, the continuation of the nonconforming status in question is reasonably compatible with the area immediately surrounding the location of said subject, is not detrimental or undesirable to the public convenience or general welfare of persons residing or working in the neighborhood thereof and is not injurious to properties immediately surrounding the subject.
   (B)   Any person desiring a permit, under this section or § 17.90.130, to continue a nonconforming status shall make written application therefor to the Board of Zoning Adjustment on a form prepared and provided by the Board Secretary. The application shall require, among other things, an acknowledged statement by the applicant as to the date on which the subject of the nonconforming status commenced.
   (C)   The proceedings for application and consideration of the permit shall be in accordance with the applicable terms and provisions of §§ 17.92.070 through 17.92.100, 17.92.120, 17.92.130 and 17.92.160 and shall be quasi judicial in nature. Whenever the phrase "conditional use permit" or term "permit" is used in said sections, it means for the purpose of this section a permit applied for or granted under this section.
(`78 Code, § 17.90.150.) (Ord. 2047 § 9 (part), 1991.)