A.

Limitations on Expansion or Intensification of a Nonconforming Use. A nonconforming use may not be extended to occupy a greater area, increased in intensity, changed to a different nonconforming use, or altered in any other manner that increases the degree of nonconformity of the use.

B.

Limitations on a Conforming Building or Structure Occupied by a Nonconforming Use. When a structure that conforms with the applicable regulations for the zoning district in which it is located is occupied by a nonconforming use, the structure may not be enlarged, altered or moved, unless such modification will not increase the degree of nonconformity of the use.

C.

Discontinuance or Abandonment of a Nonconforming Use.

1.

Whenever a nonconforming use is discontinued or abandoned for a continuous period of one hundred eighty (180) days or more, such use may not be resumed and all future use of the structure or premises must thereafter conform to the use regulations of the zoning district in which it is located.

2.

The planning director shall determine discontinuance based on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use; disconnected or discontinued utilities; or the lack of business records to document continued operation.

D.

Revocation of a Nonconforming Use.

1.

The planning commission may revoke the right to continue a nonconforming use if it makes all of the following findings, based on the facts presented at a public hearing:

a.

That the use is being or has been exercised so as to be detrimental to the public health, safety or welfare, or so as to constitute a nuisance, hazard or detriment to the surrounding properties, neighborhood, or the town in general; and

b.

That terminating the nonconforming use would not impair the constitutional rights of the owner or occupant.

If the planning commission finds that such grounds for revocation exist, it may revoke its continuance.

2.

Revocation procedures, including notice, hearing, decision and appeal shall be in accordance with the provisions specified in Chapter 8.12.

E.

Change of Use of a Building or Structure that is Nonconforming Solely with Respect to Parking. When the use of a property is nonconforming solely with respect to required parking, a new use may be established within a building or structure on that property provided that the minimum parking requirement for the proposed use, as set forth in Section 8.76.090, is equal to or less than the minimum parking requirement for the previous use.

(Ord. No. 268, § 3, 5-10-2017)