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The following provisions shall apply to nonconforming uses with respect to changes of use:
(a) A nonconforming use shall not be changed or modified so as to increase the degree of nonconformity under the use limitations of this Code, with respect to the type of use or its intensity except as provided in Section 181 for Nighttime Entertainment uses within the MUG, or MUR Districts. The degree of nonconformity shall be deemed to be increased if the new or modified use is less widely permitted by the use districts of the City than the nonconforming use existing immediately prior thereto. For purposes of this Section, intensification of a Formula Retail use as defined in Section 178(c) is determined to be a change or modification that increases the degree of nonconformity of the use.
(b) Except as limited in this subsection, a nonconforming use may be reduced in size, extent or intensity, or changed to a use that is more widely permitted by the use districts of the City than the existing use, subject to the other applicable provisions of this Code. Except as otherwise provided herein, the new use shall still be classified as a nonconforming use.
(1) Nonconforming Commercial and Industrial uses in a Residential or Residential Enclave District shall be subject to the requirements of Section 186.
(2) A nonconforming use in a Neighborhood Commercial District may be changed to another use as provided in Subsections (c) and (d) below or as provided in Section 186.1 of this Code.
(c) A nonconforming use may be changed to a use listed as a conditional use for the district in which the property is located, only upon approval of a Conditional Use application pursuant to the provisions of Article 3 of this Code, and the new use may thereafter be continued as a permitted conditional use, subject to the limitation of Section 178(b) of this Code.
(d) A nonconforming use may be changed to a use listed as a principal use for the district in which the property is located, subject to the other applicable provisions of this Code, and the new use may thereafter be continued as a permitted principal use.
(e) A nonconforming use may be converted to a Dwelling Unit and to two or more Dwelling Units with Conditional Use authorization, in a district where such use is principally permitted, without regard to the requirements of this Code with respect to residential density or required off-street parking, and the Zoning Administrator may provide relief from certain other standards specified in Section 307(h) through the procedures of that Section, provided the nonconforming use is eliminated by such conversion, provided further that the structure is not enlarged, extended or moved to another location, and provided further that the requirements of the Building Code, the Housing Code and other applicable portions of the Municipal Code are met.
(f) Once a nonconforming use has been changed to a principal or Conditional Use permitted in the district in which the property is located, or brought closer in any other manner to conformity with the use limitations of this Code, the use of the property may not thereafter be returned to its former nonconforming status. Upon restoration of a previous nonconforming use as permitted above, any modification, enlargement, extension, or change of use, from circumstances that last lawfully existed prior to the change from office use, shall be subject to the provisions of this Article, and the restored nonconforming use shall be considered to have existed continuously since its original establishment, prior to the change to Office use, for purposes of this Article.
(g) If a nonconforming use has been wrongfully changed to another use in violation of any of the foregoing provisions, and the violation is not immediately corrected when required by the Zoning Administrator, the wrongful change shall be deemed to be a discontinuance or abandonment of the nonconforming use under Section 183 of this Code.
(h) If a nonconforming use is a Formula Retail use in a District that prohibits Formula Retail uses, the Formula Retail use is deemed abandoned if it is discontinued for a period of 18 months or more, or otherwise abandoned. The Formula Retail use shall not be restored.
(1) Change of one nonconforming Formula Retail use to another Formula Retail use that is determined to not be an enlargement or intensification of use, as defined in Subsection 178(c), is subject to the Commission's adopted Performance-Based Design Guidelines for Formula Retail, which may be applied and approved administratively by the Planning Department. Non-conformance with the Performance-Based Design Guidelines for Formula Retail as required by the Department may result in termination of the nonconforming Formula Retail use.
(2) Change of one nonconforming Formula Retail use to another Formula Retail use that is determined to be an enlargement or intensification of use, as defined in Subsection 178(c), is not permitted.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 532-85, App. 12/4/85; Ord. 69-87, App. 3/13/87; Ord. 445-87, 11/12/87; Ord. 412-88, App. 9/10/88; Ord. 115-90, App. 4/6/90; Ord. 62-04, File No. 031501, App. 4/9/2004; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 232-14
, File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 235-14
, File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
AMENDMENT HISTORY
Divisions (a) and (b)(1) amended; former division (f) deleted, former divisions (g) and (h) redesignated (f) and (g) and internal references adjusted accordingly; Ord. 42-13
, Eff. 4/27/2013. Division (b)(1) amended; former divisions (b)(2) and (4) deleted and former divisions (b)(3) and (5) redesignated as (b)(2) and (3); divisions (c), (d), and (e) amended; Ord. 232-14
, Eff. 12/26/2014. Division (a) amended; new division (h) added; Ord. 235-14
, Eff. 12/26/2014. Divisions (e) and (f) amended; Ord. 22-15, Eff. 3/22/2015. Divisions (a), (b), and (f) amended; division (b)(3) deleted; Ord. 296-18, Eff. 1/12/2019.