A. General. Except as provided below, the nonconforming use regulations set forth in chapter 17.232 apply to nonconforming uses, deemed conditional use permits and variances, and deemed site plan and design review approval apply to uses, buildings, structures, and lots within the River District SPD.
B. Discontinuance of nonconforming uses. Notwithstanding the provisions of section 17.232.100:
1. Except as provided in subsection C of section 17.232.100, if a nonconforming use of a lot, building, or structure is discontinued for a continuous period exceeding four years, the right to continue the nonconforming use expires for discontinuance of use.
2. The zoning administrator may approve a single extension of time of not more than two years to resume the operation of a nonconforming use upon a showing of good cause and a determination that the applicant has made reasonable and diligent efforts to resume the nonconforming use. The application for an extension of time to resume the operation of a nonconforming use shall be filed not less than 30 days prior to the expiration of the four year period within which the nonconforming use may be resumed by right. The application for extension of time shall be noticed and heard, and shall be subject to appeal, in the same manner as an application for a zoning administrator conditional use permit.
C. Allowed expansion of nonresidential nonconforming uses. Notwithstanding the provisions of chapter 17.232, a nonconforming nonresidential use may be enlarged within the building it occupies; enlarged; increased to occupy a greater area of land than that occupied by the use at the time the use became nonconforming; or moved in whole or in part to any other portion of the lot or parcel of land occupied by the nonconforming use upon the approval of a zoning administrator conditional use permit pursuant to, and subject to the findings required by, section 17.808.200.
D. Change from a nonconforming use to another nonconforming use. Notwithstanding the provisions of section 17.232.090.A, an existing nonconforming use is permitted by right to change to another nonconforming use if the new nonconforming use is listed in Table 1 below. The zoning administrator may approve a conditional use permit pursuant to, and subject to the findings required by, section 17.808.200 to allow a nonconforming use to be changed to another nonconforming use listed in Table 2 below.
Table 1: Nonconforming Use Change Permitted by Right |
Table 1: Nonconforming Use Change Permitted by Right |
Appliance repair shop |
Assembly of electrical or electronic equipment |
Assembly of plastic or rubber items |
Beverage bottling plant |
Billboard manufacture |
Building/Landscape contractor shop |
Cabinet shop |
Cement or clay products manufacturing |
Cleaning plant, commercial |
Contractor storage yard |
Equipment-rental, sales yard |
Furniture refinishing |
Garment shop |
Janitorial service company |
Laboratory |
Laundry, commercial plant |
Lumber yard, retail |
Machine shop |
Manufacturing, assembly, and treatment of merchandise |
Monument works, stone |
Plant nursery |
Printing and blueprinting |
RV storage (commercial) |
Warehouse; distribution center |
Wholesale stores and distributors |
Table 2: Nonconforming Use Change With Zoning Administrator Conditional Use Permit |
Table 2: Nonconforming Use Change With Zoning Administrator Conditional Use Permit |
Auto dismantler |
Concrete batch plant |
Food processing plant |
Fuel storage yard |
Junk yard |
Planing mill |
Recycling facility-minor, major, greenwaste |
Terminal yard, trucking |
Towing service; vehicle storage yard |
Truck and tractor-sales, service, and repair |
(Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)