(A) Continuation of legal non-conforming uses. Except as otherwise provided in this subchapter, any legal non-conforming use may be continued indefinitely. No illegal non-conforming use shall be continued unless such use subsequently comes into conformity with the applicable provisions of this code.
(B) Expansion of legal non-conforming uses. A legal non-conforming use shall not be expanded unless a conditional use permit is granted for such expansion. Prior to issuance of a conditional use permit, it must be determined that at least one of the following three circumstances exists:
(1) The resultant use and/or project design will reduce current adverse impacts on adjacent properties and/or the general public;
(2) The resultant use and/or project design will aid in the preservation of a historic resource; or
(3) The expansion of the use or the enlargement of a structure housing a non-conforming use is necessary to comply with a requirement imposed by law for the operation of the particular use, including, but not limited to, regulations for disabled access or seismic retrofit.
(C) Change of legal non-conforming uses. A legal non-conforming use shall not be changed to, or substituted for, another non-conforming use unless a conditional use permit is granted for such change or substitution. To grant such a conditional use permit the Planning Commission must first find that, in addition to the findings required by division (B) above, the resultant use will be more consistent with the uses permitted in the district than the former use.
(D) Change of legal non-conforming industrial use. A legal non-conforming industrial use shall not be changed to, or substituted for, another use other than to come into compliance with this code.
(E) Change to a conforming use. When a legal non-conforming use has been changed to a conforming use, the non-conforming use shall not be re-established thereafter, with the following exception: within residential multi-family, mixed-use, or commercial districts, structures which are determined by the Director to have been lawfully constructed as single-family dwellings may be returned to single-family use at any time. The Director shall base such a determination on evidence including building permits, County Assessor's data, building design and appearance, or other records which document that the building was originally constructed as a single-family home.
(F) Abandonment of legal non-conforming uses.
(1) Residential districts. A legal non-conforming use shall not be re-established in any structure in a residential district if such legal non-conforming use has ceased for a consecutive six-month period.
(2) Mixed use districts. A legal non-conforming use shall not be re-established in any structure if such legal non-conforming use has ceased for a consecutive five-year period.
(3) All other districts. A legal non-conforming use shall not be re-established in any structure if such legal non-conforming use has ceased for a consecutive 12-month period within five years of January 3, 2016. Once the five-year period from the effective date of this code has passed, a legal non-conforming use shall not be re-established in any structure in a non-residential district if such legal non-conforming use has ceased for a consecutive period of 90 days or more.
(Ord. 2021-03, passed 12-7-2021)