A. Purpose: The purpose of this section is to establish decision criteria and procedures to allow reasonable limited expansion and continuance of "nonconformities" as defined in section 13-5-9 of this title. Nonconformities require a special degree of control to ensure compliance with applicable regulations and compatibility with the comprehensive plan, adjacent uses and the character of the surrounding areas. Limited exceptions, expansions or changes of use are allowed after approval of a nonconforming use permit by the city or after approval of an administrative nonconforming use permit. (Ord. 792, 7-29-2004; amd. Ord. 830, 6-28-2006)
B. Nonconforming Use Permit: Exceptions to the nonconforming standards, section 13-5-9 of this title, are allowed after city approval of a nonconforming use permit. Any application for a building permit or land use permit affecting an existing nonconformity shall require a nonconforming use permit. The city may impose such conditions as deemed necessary to ensure proposals conform to the intent of the comprehensive plan and this title.
1. Required Findings For Nonconforming Use Permit: The city shall grant a nonconforming use permit if documentary evidence is provided by the applicant to support the administrator's findings that:
a. Granting a nonconforming use permit is necessary to adapt the nonconforming use and associated structures to changes in technology, merchandising, or other generally recognized trends which affect the utility of structures or the applicant's ability to compete;
b. Granting a nonconforming use permit will not introduce any (additional) hazards or interfere with the potential development of nearby properties in accordance with present zoning regulations;
c. The nonconforming use and associated structures will comply with the requirements of subsection 13-5-9B5 of this title;
d. The applicant's proposal will result in improvements in functionality or safety, or in exterior appearance, screening, access and other features which will make the use or structure more compatible with allowed uses; and
e. Granting a nonconforming use permit will not detract from the intent of the comprehensive plan and any implementing regulation.
2. Abandonment: An exception to the discontinuance standards in subsection 13-5-9I of this title may be granted by the city. Documentary evidence shall be provided by the applicant to show that the discontinuance was beyond the control of the applicant. If the city is satisfied by evidence that the discontinuance was beyond the control of the applicant, nonconforming rights shall be continued for the property or structure. The city may consider circumstances such as, but not limited to, the following:
a. The property or structure has been involved in litigation.
b. Attempt to lease the site is ongoing due to:
(1) Length of time involved for marketing of premises;
(2) The structure is a specialized type of building requiring a specialized type of use due to equipment, processes or configuration; or
(3) There is a uniqueness to the property giving the use special operating characteristics such as its location in relationship to transportation facilities, open spaces needed for operations or its proximity to other critical activities such as mineral extraction. (Ord. 889, 9-8-2010)
C. Approval: A nonconforming use permit may be approved, approved with additional requirements above those specified in this title, or approved with modification of the proposal to ensure that surrounding land uses or the character of the area are not adversely impacted.
D. Denial: A nonconforming use permit may be denied if the use is incapable of complying with specific standards set forth in this title and if any of the above required findings are not supported by evidence in record.
E. Application: Submittal requirements for a nonconforming use permit shall be the same as those for a variance. (See section 13-6-3 of this chapter.) (Ord. 792, 7-29-2004; amd. Ord. 830, 6-28-2006)