17.30.020 Nonconforming Uses.
(1) Definition. A nonconforming use is a use that was once allowed by applicable land use regulations, but is no longer allowed due to the passage or later change of this Title, or where applicable of prior land use regulations of the city.
(2) Continuation. Except as qualified in 17.30.020(3), a nonconforming use may continue, but it may not be altered or changed in any way except as herein allowed, nor may the structure in which it is located be enlarged or extended in any way such as by increasing square footage, increasing building or structure height or the extension thereof by the addition of accessory buildings or structures, or other similar extension. Changes in a nonconforming use such as the addition of more employees, the addition of more or better equipment, extending the hours of operation, and other similar changes which could or do result in an intensification of a nonconforming use are allowed and conditional use permits shall not be required for making any such change or changes.
(3) Nonconforming Single Family Dwellings in the C2 and C3 Districts. Nonconforming single family dwellings in the C2 and C3 districts may be enlarged or expanded provided that the setback requirements for residences in the R4 zone district are observed.
(4) Lapse of Time.
(a) If any nonconforming use is not occupied or operated for a continuous period of one (1) year, any later use of the property occupied by the former nonconforming use shall conform to all provisions of this Title.
(b) If any nonconforming use is not occupied or operated because its building has sustained damage amounting to less than seventy-five (75) percent of its value, that use may be reestablished if construction of a new or repaired building begins within one (1) year of the date the damage occurred.
(5) Conditional Uses. A legal use does not become nonconforming if the zone district in which it is located is changed to a zone district in which a conditional use permit is required for that use. However, the use may not be altered or changed; nor, may the building or structure in which it is located be enlarged or extended without obtaining a conditional use permit. Any use legally existing prior to the effective date of this Title, or prior to the effective date of subsequent amendments to this Title or the Official Zoning Map which is within the scope of uses permitted by a conditional use permit in the district in which the property is located shall be deemed a conditional use without the necessity of a conditional use permit, provided that any expansion or alteration of said use shall conform to all regulations pertaining to conditional uses.
(6) Conversions. A nonconforming use may be converted to another nonconforming use if the hearing examiner issues a conditional use permit for the conversion, pursuant to the procedures of Chapter 17.125. The hearing examiner may issue such a conditional use permit only after finding that
(a) the structure housing the existing nonconforming use cannot reasonably be used for any permitted use because of its particular design; and,
(b) the proposed use will be as compatible with uses permitted in the zone district as the existing nonconforming use; and,
(c) measures will be taken, where necessary, to protect the neighborhood from any detrimental effects to the public health and welfare that will or probably will result from the conversion of the nonconforming use.
In cases involving the conversion of nonconforming uses, it is not necessary for the hearing examiner to make the findings as set forth in 17.125.020 in addition to the findings required by this subsection. (Ord. 22-2 §8, 2022; Ord. 87-9 §1, 1987).