§ 9182.26. Site Nonconformities - Continuation of Vehicle Repair and Service.

• A. Existing lawfully established vehicle repair and service uses located within the CR (Commercial, Regional), MU (Mixed-Use) District and all zones within one hundred (100) feet of residential zones shall obtain a Conditional Use Permit by the Planning Commission pursuant to CMC § 9172.21 . An application for a Conditional Use Permit shall be submitted within a five (5) year period of the effective date of the ordinance codified in this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.

When approving a Conditional Use Permit, the Commission shall make findings regarding the adequacy of on-site parking and applicable development standards contained in CMC § 9138.2 . The Commission shall require, as a condition precedent to the continued use of the property under the Conditional Use Permit, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical and Fire Code deficiencies. The Commission may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:

1. New or rehabilitated landscaping;

2. Exterior changes to promote compatibility of buildings and structures with surrounding development;

3. General repairs to vehicular maneuvering or parking areas;

4. Modifications designed to bring a structure more nearly into compliance with the applicable standards for commercial uses.

This section shall not validate any existing illegal vehicle repair and service facilities. (Ord. 06-1363 § 9; Ord. 04-1322 § 10)