17.68.040 Changes or expansion to legal nonconforming uses.
The planning commission or city council may allow changes or expansions to legal nonconforming uses as set forth in subsections A through D of this section. They shall use the procedures adopted for conditional use permits according to Chapter 17.64 of this code, except that they shall make findings set forth in subsection E of this section.
A. A legal nonconforming use may be changed to another nonconforming use of the same or more restrictive nature.
B. A structure occupied by a legal non-conforming use that has ceased or been abandoned according to Section 17.68.030(C) may be permitted to be used for the same or more restrictive use if the structure cannot be used for any use consistent with the zone district in which it is located.
C. A legal nonconforming use may be enlarged, expanded, or extended when such use is necessary due to economic market demands for the goods, products, or services provided.
D. Time restrictions specified in Sections 17.68.020(A), 17.68.030(C), 17.68.030(H), or 17.68.060 may be extended.
E. The planning commission or city council shall make the following findings regarding changes or expansions to legal nonconforming uses:
1. The proposed change or expansion of the legal nonconforming use is essential and/or desirable to the public convenience or welfare.
2. The proposed change or expansion of the legal nonconforming use is consistent with the intent and purpose of the ordinance that caused the use to become nonconforming.
3. The change or expansion of the nonconforming use will have a positive impact on the surrounding conforming uses and the area overall.
4. Other property where the use would be conforming is unavailable, either physically or economically.
5. No other appropriate remedies are available to bring the use into conformance, including amending the zone district boundary and/or zoning ordinance text. (Ord. 5020 § 27, 2020; Ord. 3741 § 4, 1997)