307.10: ABANDONMENT OF NONCONFORMING USES:

No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of six (6) months, except as provided for in this section. The nonconforming use of a legally established structure may be reestablished if the City Council approves a Conditional Use Permit after making all the following findings in addition to any other required findings. As a condition of approving the resumption of such nonconforming use, the Council may impose a time limit on its duration if necessary in order to make the required findings.

A. The structure cannot be used for any conforming use because of its original design or because of legal structural changes made for a previous nonconforming use;

B. The structure can be reasonably expected to remain in active use for a period of twenty (20) years without requiring repairs or maintenance in excess of fifty (50) percent of the replacement cost of the structure, as defined in this chapter, within any five (5) year period; and

C. The continuation of the use or structure will not be incompatible with or detrimental to surrounding conforming uses. (Ord. 1866, 11-19-2019)