19.38.020 Nonconforming uses.
A. Continuation. A nonconforming use is transferable to a new owner or tenant; provided, that the use is not expanded or discontinued as provided in subsection B of this section and may continue and need not be brought into conformance with this chapter unless a specific provision of this title otherwise requires conformance.
B. Discontinuation. Any use which is nonconforming and has ceased for a period of two or more years shall lose such nonconforming status. All subsequent use of the property or building shall be a use which conforms with the requirements of this title.
1. A nonconforming use shall be considered discontinued if it meets any of the following criteria:
a. A permitted use has been established within the building containing the nonconforming use;
b. No product or inventory is displayed, stored or sold directly related to the nonconforming use; and
c. Buildings and/or portions of the site engaged in the nonconforming use have been vacant for one year or more.
2. For the purpose of this section a nonconforming residential use shall not be considered discontinued if the unit or units are vacant, provided the property is maintained consistent with the adopted provisions of the International Property Maintenance Code and with EMC 8.20.020, Nuisances—Residential property and nonresidential property. However, when a nonconforming residential use has been changed to a permitted use, the residential use shall not be reestablished.
3. Voluntary Demolition. Where a property owner undertakes voluntary demolition and replacement, the nonconforming use shall not be established in the new structure.
C. Change of Nonconforming Use. In general, a nonconforming use may not be changed to another nonconforming use. However, in certain circumstances a change of nonconforming use may be authorized subject to the following requirements:
1. The intensity of the use shall not be increased. As a guide, the city shall consider traffic generation, parking, potential nuisance generation (noise, light/glare, smoke, dust, etc.), changes to products or services rendered and type of equipment used.
2. The planning director shall have the authority to require supporting studies, plans, or additional information to evaluate the proposed change of nonconforming use.
3. Conditions may be applied to limit the proposed impacts of the use on the surrounding properties and the city as a whole.
4. Adaptive reuse of nonresidential buildings shall be permitted in accordance with EMC 19.05.120 (Table 5-5—Miscellaneous Use Table) and standards in EMC 19.13.030.
D. Expansion. A nonconforming use may be expanded through an increase in building area, land area and/or parking area using the review process described in EMC Title 15 and the following evaluation criteria:
1. For a residential use, the expansion shall not result in an increase in the number of dwelling units further above the maximum allowed by this title;
2. The expansion shall not result in a decrease in the number of off-street parking spaces further below the minimum required by this title;
3. The impact of traffic generated by the proposed use on the surrounding area, pedestrian circulation and public safety, and the proposal’s ability to mitigate potential impacts;
4. The site has sufficient area to provide for off-street parking, landscaping and screening from adjacent uses;
5. The adequacy of streets, utilities and public services to accommodate the proposed use;
6. Compatibility of the proposed use or building to surrounding properties, especially as it relates to size, height, location and setback of buildings;
7. The number, size and location of signs and lighting, especially as they relate to more sensitive land uses;
8. The landscaping, buffering and screening of parking, loading and storage areas;
9. The generation of nuisance irritants such as noise, smoke, odor, glare, visual blight or other undesirable environmental impacts;
10. Hours of operation and potential impacts on adjacent properties.
E. Damage or Destruction.
1. If a structure housing a nonconforming use is destroyed to any extent by fire or other casualty not intentionally caused by the owner, the structure may be rebuilt and the use may be reestablished if the following requirements are met:
a. The nonconformity is certified by the planning department;
b. A complete building permit application is filed within one year of such fire or other casualty; and
c. Construction is commenced and completed in conformance with the provisions of the building code then in effect. This provision shall not reduce any requirements of the building or fire codes in effect when such structure is rebuilt.
2. Exception. A nonresidential nonconforming use located in a residential zone which is damaged beyond fifty percent of its appraised value, as determined by the building official, shall lose its nonconforming status and shall not be rebuilt. (Ord. 3774-20 § 5(T) (Exh. 3), 2020.)