9.1.5. REPAIRS AND MAINTENANCE

   Incidental repairs and normal maintenance of nonconforming buildings or structures are permitted unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by the UDC . Nothing in this article shall be construed to prevent structures from being structurally strengthened or restored to a safe condition to conform to the City ’s adopted Building or Fire Code.

9.1.6. RESTORING UNSAFE STRUCTURES

   Nothing in this UDC shall prevent the strengthening, restoration, or upgrading of a structure to conform to the City ’s adopted Building or Fire Code.

9.1.7. TENANCY AND OWNERSHIP

   The status of a nonconformity is not affected by changes of tenancy, ownership, or management.

9.2. NONCONFORMING USE

   A nonconforming use may be discontinued, resumed, expanded, or substituted with another nonconforming use as provided below.

9.2.1. DISCONTINUANCE OF A NONCONFORMING USE

   A nonconforming use may be resumed if thenonconforming use activity has been discontinued for less than six months.

   A.   A discontinued nonconforming use may be substituted with another nonconforming use , as provided by Section 9.2.3, Substitution with a Use within the Same Land Use Class, and Section 9.2.4, Substitution with a Use from a Different Land Use Class, provided such nonconforming use is substituted within the six-month period.

   B.   The right to resume a nonconforming use is lost if the discontinuance is for six months or more or if a change to a conforming use occurs. Determination of discontinuance is based upon a consideration of relevant activities and records, including, but not limited to, business license records and/or utility records and the continued maintenance of the property which indicates the intent to continue or discontinue such use. Property left in disrepair or in an unkempt condition is considered in the discontinuance of the use.

9.2.2. EXPANSION OF A NONCONFORMING USE

   A nonconforming use may be expanded within an existing or new structure or in land area subject to approval by the Zoning Examiner in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure, and provided such expansion complies with the following standards:

   A.   The expansion is being undertaken within five years of the time the use became nonconforming;

   B.   The expansion complies with the UDC standards. These standards include, but are not limited to, setbacks applicable to the use itself or for new construction, bicycle and motor vehicle parking standards, and landscaping and screening standards;

   C.   The expansion is for the principal use or for a use that is accessory and incidental to the operation of the existing nonconforming use ;

   D.   The amount of expansion does not exceed 50% of the floor area of the existing building or land area devoted to the existing nonconforming use . Incremental expansions, cumulatively, shall not exceed the 50% provision;

   E.   The expansion area adjoins the land area, within the same lot , which houses the nonconforming use ; and,

   F.   The expansion must comply with the development standards listed for the Land Use Class of the nonconforming use in the most restrictive zone in which the nonconforming use is permitted as of right.

9.2.3. SUBSTITUTION WITH A USE WITHIN THE SAME LAND USE CLASS

   An existing nonconforming use may be substituted with the same use or another use from the same Land Use Class without affecting the nonconforming status of the use or structures on the property. The substitution may be approved in accordance with Section 3.3.3, PDSD Director Approval Procedure, if the substitute use complies with Section 9.2.4.B, .C, and .D.