307.06: CLASSIFICATION OF NONCONFORMING USES:

The City Council may classify legally established nonconforming uses for the purpose of determining whether to permit substitution or expansion subject to the requirements of the following section. The classification of any use or structure shall be optional and shall be based on written application by the property owner or his/her designee, including such information as may be deemed necessary to determine that the use was legally established and to make any other findings that may be required.

A. Class I. Class I nonconforming uses are designated by the City Council following a public hearing and based on findings that:

1. The existing nonconforming use was legally established;

2. The proposed expansion or substitution of the nonconforming use would not be detrimental to public health, safety, or welfare;

3. The proposed expansion or substitution would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable adopted City plan;

4. The proposed use will not depress the value of nearby properties; and

5. No useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform.

B. Class II. Class II nonconforming uses include any legally established non-residential use that involves the following:

1. Storage, use, or generation of hazardous materials, processes, products, or wastes;

2. Activity that may be detrimental to public health and safety because of the potential to create dust, glare, heat, noise, noxious gases, odor, smoke, vibration;

3. Conditions that would be incompatible with surrounding uses; or

4. Any nonconforming Sexually Oriented Business. (Ord. 1866, 11-19-2019)