18.100.030 Nonconforming uses.
A. Classification of Nonconforming Uses.
1. The zoning administrator may classify lawfully established nonconforming uses for the purpose of determining whether to permit substitution or expansion, subject to the requirements of this chapter. The classification of any use or structure shall be optional and shall be based on written application by a qualified applicant, including such information as may be deemed necessary to determine that the use was lawfully established and to make any other findings that may be required.
B. Class I. Class I nonconforming uses are designated by the zoning administrator after determining that:
1. The existing nonconforming use was lawfully 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 area 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 code with which the use or structure does not conform.
C. Class II. Class II nonconforming uses include any lawfully established nonresidential use that involves one of 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, and vibration;
3. Conditions that could be incompatible with surrounding uses; or
4. Any nonconforming adult-oriented business.
D. Changes of Use. No legal nonconforming use shall be substantially expanded or changed to a different use without approval of a conditional use permit, unless the new use is permitted by right. This requirement does not apply to a change of ownership, tenancy, or management where the new use is in the same classification as the previous use, as defined in this code, and the use is not expanded.
E. Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use.
F. Absence of Use Permit. Any use that is nonconforming solely by reason of the absence of a use permit may be changed to a conforming use by obtaining a conditional use permit.
G. Discontinuance of Use. If a legal nonconforming use is abandoned or discontinued for a period of one year or longer, the use is determined to be abandoned and cannot be continued.
H. Parking. If a use is nonconforming solely with respect to parking standards, the structure devoted to the use may be maintained and repaired, but the use may not be expanded, extended, or intensified in a manner that would increase the required number of off-street parking spaces, unless parking is provided under current standards for the addition or intensification of use only. [Ord. 14-12 § 1; Res. 14-36 § 406.03.]