Title 18 - Unified Development Ordinance

18.410.060 Change in Use of Property Where a Nonconforming Situation Exists

1. A.
   A change in use of property (where a nonconforming situation exists) may not be made except in accordance with subsections B through E of this section. However, this requirement shall not apply if only a sign permit is needed.
2. B.
   If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of this Title applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this Title is achieved, the property may not revert to its nonconforming status.
3. C.
   If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this ordinance applicable to that use cannot reasonably be complied with, then the change is permissible only if the Planning Commission issues a nonconforming situation permit authorizing the change. This permit may be issued if the Planning Commission finds, in addition to any other findings that may be required by this Title, that the intended change will not result in a violation of Section 18.410.040 and that all of the applicable requirements of this Title will be complied with that are reasonably possible. Compliance with a requirement of this Title is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or without moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. Further, in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformities would thereby be created.
4. D.
   In making a determination under subsection C, whenever (1) there exists a lot with one or more structures on it, and (2) a proposed change in use that does not involve any enlargement of a structure is proposed for such lot, and (3) the parking or loading requirements that would be applicable as a result of the proposed change cannot be satisfied on such lots because there is not sufficient area available on the lot that can practicably be used for parking or loading, then the proposed use shall not be regarded by the Planning Commission as resulting in an impermissible extension or enlargement of a nonconforming situation in violation of Section 18.410.140. However, if the proposed use is approved, the applicant shall be required to comply with all applicable parking and loading requirements than can be satisfied without acquiring additional land, and shall also be required to obtain off-site parking if parking requirements cannot be satisfied on the lot with respect to which the site development permit is required and such off-site parking is reasonably available. If such off-site parking is not reasonably available at the time the nonconforming situation permit is granted, then the permit recipient shall be required to obtain it if and when it does become reasonably available. This requirement shall be a continuing condition of the nonconforming situation permit.

(History: Ord. ZRR-2420 §22, 2003; ZRR-1725; ZRR-1637; ZRR-889 §18.44)

Effective on: 1/1/1901