18A.20.228 Nonconforming uses.
A. Where a lawful structure exists at the effective date of adoption of the ordinance codified in this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, it may be continued so long as the structure remains otherwise lawful subject to the following provisions:
1. Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of twelve (12) months or more, the nonconforming use shall not be reestablished, and thereafter the use of the structure or site wherein it was located shall be in conformity with the regulations for its zoning district.
If any nonconforming use ceases for any reason for a period of more than twelve (12) consecutive months, any subsequent use shall conform to the regulations specified by this title for the district in which such use is located.
Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use.
2. A nonconforming use within a single-tenant building may only be replaced by a conforming use or another nonconforming use that is the same as or similar to the previous nonconforming use, provided not more than twelve (12) months have passed since the cessation of the previous nonconforming use, and provided the replacement nonconforming use does not create new impacts or an increase in intensity of the land use.
3. A nonconforming use within a multi-tenant building may be replaced by a conforming use, a nonconforming use that is the same as or similar to the previous nonconforming use within the tenant space, provided not more than twelve (12) months has passed since the cessation of the previous nonconforming use, or by a nonconforming use that is the same as or similar to an existing nonconforming use within the building, provided the replacement nonconforming use does not create new impacts or an increase in intensity of the land use.
4. Except as permitted in this section, no nonconforming use shall be enlarged or extended beyond the space it occupied on the effective date of the ordinance that designated it nonconforming.
5. A structure containing a nonconforming use may be expanded so long as the new addition is occupied by a conforming use, and the conforming use does not directly facilitate or support the nonconforming use. The new addition is subject to the development standards of the underlying zoning district. Both the existing building and new addition must comply with currently adopted City design guidelines. [Ord. 726 § 2 (Exh. B), 2019.]