18A.20.238 Repairs and maintenance.
Nonconforming uses and the structures they occupy may continue to be operated and occupied except as provided below. Routine maintenance and repairs may be performed on land or structures containing a nonconforming use. A nonconforming use shall not be changed to another nonconforming use. Nonconforming uses outside of a structure which occupy only a portion of a lot may not be expanded to any other portion of the property not previously regularly and actually occupied for such use. Nonconforming uses may not be expanded unless such expansion is required by law or a public agency in order to comply with public health, safety or welfare regulations; provided, that any existing nonconforming single-family detached housing unit may be expanded, and new detached accessory structures consistent with the standards set forth for residential accessory buildings in LMC 18A.50.140 may be allowed upon properties where existing nonconforming single-family detached housing is located.
All applicable construction permits must first be obtained for any such work. Other than regulations relating to public health, safety, and welfare, nonconforming uses, either inside or outside of a structure, may be altered or moved only if the proposed development and its use will be more compatible with the surrounding area than the current development and use considering the following:
A. The character and history of the use and of development in the surrounding area.
B. The comparable degree of noise, vibration, dust, odor, fume, glare, or smoke detectable at the property line.
C. The comparative amount and nature of outside storage, loading and parking.
D. The comparative visual appearance.
E. The comparative hours of operation.
F. The comparative numbers and kinds of vehicular trips to the site.
G. The comparative effect on existing vegetation.
H. The comparative effect on water drainage.
I. The degree of service or other benefit to the area.
J. Other factors which tend to reduce conflicts or increase compatibility with the character or needs of the area [Ord. 726 § 2 (Exh. B), 2019.]