A nonconforming use is one which lawfully existed prior to the effective date of this Development Code, but which is no longer permitted in the zone in which it is located. The continuance of a legal nonconforming use is subject to the following:
1. Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not change.
2. If a nonconforming use is discontinued for a period of 12 or more consecutive calendar months, it shall lose its legal nonconforming status, and the continued use of the property shall be required to conform with the provisions of this Development Code.
(Ord. MC-1411, 2-02-15)
3. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of this Development Code.
4. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in 19.62.030(6) and 19.62.030(7).
6. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use pursuant to Section 19.02.070(3), if all of the following findings are made:
A. That the nonconforming use is similar to the uses originally allowed in the center or complex;
B. That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and
C. That the use of the entire center or complex has not been vacant or discontinued for a period of 36 or more calendar months.
(Ord. MC-957, 2-05-96)
7. An existing legal nonconforming use or legal nonconforming building may be minimally expanded or changed subject to the granting of a Development Permit if all of the following findings are made:
A. That such expansion or change is minimal;
B. That such expansion or change will not adversely affect or be materially detrimental to adjoining properties;
C. That there is a need for relief of overcrowded conditions or for modernization in order to properly operate the use; and
D. That the use is existing and has not been discontinued for a period of 36 or more calendar months.
(Ord. MC-957, 2-05-96; Ord. MC-888, 12-07-93)