§ 17.64.020. Nonconforming uses.

A.

Generally. A nonconforming use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

Change or expansion of nonresidential uses.

a.

A nonconforming nonresidential use may be changed to another nonconforming nonresidential use, or may be increased or expanded, if the Planning and Community Development Director determines the application for the proposed, expanded or increased use meets the following criteria, without requiring or requesting any dimensional, lighting, parking, landscaping or other similar variance:

i.

The off-street parking and loading requirements for and traffic generated by the proposed, expanded or increased use do not exceed that of the existing or most recent use.

ii.

The proposed use is permitted in the same zoning district in which the existing or most recent use is first permitted in Table 20-1 of Chapter 20 to this Title. For the purposes of this Chapter, "first permitted" shall mean the first zoning district in Table 20-1 in which a "P" occurs, when reading the table from left to right.

iii.

The intensity of onsite and offsite impacts from noise, dust, smoke and other environmental impacts associated with the proposed, expanded or increased use is equal to or less than that associated with the existing or most recent use.

Such application may require a fee, as may be established by the City Commission. (Ord. 2950, 2007)

b.

Alternatively, a nonconforming, nonresidential use may also be changed to another nonconforming use, or may be increased or expanded, through a conditional use permit procedure as set forth in Chapter 16.

2.

Expansion of residential uses. The expansion of nonconforming residential dwellings is allowed, in compliance with applicable building codes, up to twenty (20) percent of the existing total residential area, as long as the number of dwelling units on the lot is not increased.

3.

Change of location. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or to another structure than what was occupied at the effective date of this title or any amendment thereto which creates said nonconforming use.

4.

Discontinuance of use. If a nonconforming use ceases for any reason for more than twenty-four (24) months, any subsequent use shall conform with this Title.

(Ord. No. 3056, § 1, 8-17-2010; Ord. No. 3087, § 1(Exh. A), 6-19-2012, eff. 7-19-2012)