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Notwithstanding anything to the contrary contained in Chapter 19.37 of this Code, any land use or structure in the Telegraph Road Corridor Study Area that becomes legally nonconforming as a result of this section may be continued indefinitely, including interior modifications and notwithstanding changes of ownership, subject to the provisions of this section. (1)
A nonconforming use may be modified to a use deemed similar in nature, but lesser or equal in intensity and impact, including required number of parking spaces, as determined by the director of public works and economic development.
(2)
A nonconforming use is allowed modifications to its facility provided such modifications do not exceed ten percent of buildable areas of the use at the time it became nonconforming and complies with all other provisions of this title.
(3)
If any nonconforming use is abandoned, it shall be considered automatically terminated, and any future use of the premises shall conform to the provisions of this title. The determination of whether a nonconforming use has been abandoned shall be made pursuant to Section 19.37.120.
(4)
A building containing a nonconforming use shall not be enlarged or reconstructed, except as provided herein. Structural alterations or tenant improvements, including, but not limited to, replacements of walls, electrical fixtures or plumbing, may be permitted; provided the alterations comply with current code, and do not expand the nonconforming use or increase the required number of parking spaces, except as provided herein.
(5)
Any nonconforming building may be restored to the size that existed at the time of destruction as a result of fire, earthquake or other natural disaster, and the occupancy or use of such building or part thereof which existed at the time of destruction may be continued.
(Ord. No. 681, § 4(H), 11-15-2016)