17.09.040 - Moving, Enlarging, or Altering Nonconforming Uses.

No Nonconforming Use may be moved, enlarged, altered, or occupy additional land or Structures, except as provided in this Section.

A.

Enlargement. A Nonconforming Use may not be enlarged, expanded, or extended to occupy all or a part of another Structure or site that it did not occupy on the date that the Use became Nonconforming. A Nonconforming Use may be extended through the same conforming Structure provided: (1) no structural alteration of the Structure is proposed or made for the purpose of the expansion; and (2) the parking demand is not increased.

B.

Exterior or Interior Remodeling or Improvements to a Structure. Exterior or interior remodeling or improvements to a Structure containing a Nonconforming Use shall be allowed provided: (1) there is no expansion of the area of the Nonconforming Use; (2) the remodeling and improvements comply with all existing City Codes; and (3) all Landscaping complies with current City standards.

C.

Change of Nonconforming Use to another Nonconforming Use or a Conforming Use. No Nonconforming Use may be changed to another Nonconforming Use. Whenever any Nonconforming Use is changed to a conforming Use, the Nonconforming Use is per se abandoned.

D.

Damage or Destruction of Structure housing Nonconforming Use.

1.

A Nonconforming Use shall not be resumed, and the Structure shall not be restored, unless it is restored to accommodate a conforming Use within a complying Structure, if:

a.

A Structure that contains a Nonconforming Use is allowed to deteriorate to an uninhabitable condition and is not repaired or restored within six (6) months after written notice to the property Owner that the Structure is uninhabitable and that the Nonconforming Use will be lost if the Structure is not repaired or restored within six (6) months;

b.

The property Owner has voluntarily demolished more than 50% of the Gross Floor Area of the Structure that houses the Nonconforming Use; or

c.

A Structure that contains a Nonconforming Use is voluntarily razed or is required to be razed by law.

2.

If a Structure that contains a Nonconforming Use is involuntarily destroyed, in whole or in part, due to fire or other casualty and the Use has not been abandoned, the Nonconforming Use may be resumed and the Structure may be restored to the condition prior to the destruction, provided such work is started within six (6) months of such casualty, is completed within eighteen (18) months of work commencement, and the intensity of Use is neither increased nor changed.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)