18-23.020 Regulations.
a. Existing Uses. Except as otherwise specified, any use existing when a zoning ordinance amendment rendered the use nonconforming may be continued, even though such use may not conform with the provisions of this chapter for the district in which it is located; provided, that:
1. The use was not established in violation of any zoning regulation previously in effect in the area which constitutes the City, unless such use now conforms with this Zoning Code; and
2. Such use does not constitute a nuisance.
b. Conditional Uses. Any use which was a permitted use until the date this Zoning Code changed the use to a use for which a conditional use permit is required in the applicable district shall be and remains a nonconforming use until a conditional use permit is obtained as provided in Article 18-28.
c. Enlargement and Alteration of Nonconforming Uses. Except for dwellings, no building existing on the date that this Zoning Code rendered the use nonconforming that is devoted to a use not permitted in the zoning district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located and except as provided in subsection (d) of this section, Substitution or Alteration of a Nonconforming Use.
d. Substitution or Alteration of a Nonconforming Use. Nonconforming uses shall not be reconstituted or substituted or substantially altered, unless the use thereof is changed to a use permitted in the district in which such building, structure or land is located or except upon approval of a conditional use permit by the Planning Commission pursuant to subsection (b) of this section, Conditional Uses, and to the criteria of this subsection. The proposed alteration of a nonconforming use shall result in a lesser discrepancy between the existing conditions and the zoning requirements for the district based on the following criteria:
1. The new use serves a need which is directly related or complementary to permitted uses of the property;
2. The new use results in reduced parking, traffic or congestion problems;
3. The new use is not to be detrimental to the habitability of adjacent properties throughout the period of its continued use; and
4. The new use and resulting general appearance will not detract from the neighborhood character or desirability.
The Director may approve a one (1) time expansion to an industrial use that is legally nonconforming due to the fact that the property is not zoned for the existing use. Approvals shall be subject to the following:
5. The area of expansion shall be consistent with the Design Review Manual in accordance with Article 18-33;
6. Existing storage and areas of outdoor operation shall be fully screened; and
7. The site shall be brought up to standards in terms of complying with performance standards referenced in Article 18-22.
e. Cessation of Use.
1. If a nonconforming use ceases for a continuous period of six (6) months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the zoning district in which it is located.
2. Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.
3. Nothing in this article shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority. (Ord. #248-2020, S2 (Exh. A))