Chapter 18.96 — NONCONFORMING USES

The continuance of a legal nonconforming use is allowed subject to all of the following:

• A. Change of Ownership. Change of management, ownership, or tenancy of a nonconforming use shall not affect its nonconforming status; provided, the use and intensity of use, as determined by the Director, does not change.

• B. Additional Development. Additional development of any property on which a nonconforming use exists shall require that all new uses and structures be in compliance with all of the applicable provisions of this Zoning Code.

• C. Conversion of a Nonconforming Use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

• D. Changes to a Nonconforming Use. If no structural alterations are made, a nonconforming use may be changed to another nonconforming use of an equal or more restrictive classification, as determined by the Director. Once changed, the nonconforming use may not be changed back to a nonconforming use of a less restrictive classification, as determined by the Director.

• (Ord. 1976 § 2, 2019)

• A. Absence of Conditional Use/Administrative Permit. A use lawfully existing without the approval of a Conditional Use Permit or Administrative Permit that would be required by this Zoning Code shall be deemed conforming but only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation).

• B. Previous Conditional Use/Administrative Permit in Effect. A use that was authorized by a Conditional Use Permit or Administrative Permit, but is no longer allowed by this Zoning Code, may continue, but only in compliance with the original Conditional Use Permit or Administrative Permit conditions of approval.

• (Ord. 1976 § 2, 2019)

Any expansion or modification of a legal nonconforming use shall only be allowed in compliance with all applicable provisions of this Zoning Code. (Ord. 1976 § 2, 2019)

Nonconforming status shall terminate if a nonconforming use ceases or is discontinued for a continuous period of 180 days or more in compliance with Section 18.90.040 (Termination of Nonconformities), and its legal nonconforming status is lost, and the continued use of the property shall be in compliance with all of the applicable provisions of this Zoning Code. (Ord. 1976 § 2, 2019)