20.25A.040 Nonconforming uses, structures and sites.
A. Nonconforming Uses.
1. A nonconforming use may be continued by successive owners or tenants, except where the use has been abandoned. No change to a different use classification shall be made unless that change conforms to the regulations of this Land Use Code.
2. If a nonconforming use of a structure or land is discontinued for a period of 12 months with the intention of abandoning that use, any subsequent use shall thereafter conform to the regulations of the Land Use District in which it is located. Discontinuance of a nonconforming use for a period of 12 months or greater constitutes prima facie evidence of an intention to abandon.
3. A nonconforming use may be expanded pursuant to an Administrative Conditional Use Permit.
B. Nonconforming Structures.
1. A nonconforming structure may be repaired or remodeled, provided there is no expansion of the building; and provided further, that the remodel or repair shall not increase the existing nonconforming condition of the structure.
2. A nonconforming structure may be expanded; provided, that the expansion conforms to the provisions of the Land Use Code, except that the requirements of LUC 20.25A.140 through 20.25A.180 shall be applied as described in subsections B.3 and B.4 of this section.
3. For expansions made within any three-year period, which together do not exceed 50 percent of the floor area of the previously existing structure, the following shall apply:
a. Where the property abuts a street classified as a “D” or “E” right-of-way, the expansion is not required to comply with LUC 20.25A.140 through 20.25A.180.
b. Where the property abuts a street classified as an “A,” “B” or “C” right-of-way the expansion shall be in the direction of the classified street so as to reduce the nonconformity of the structure, except that an expansion, which is no greater than 300 square feet in floor area and which is for the purpose of loading or storage, is exempted from this requirement.
4. For expansions made within any three-year period, which together exceed 50 percent of the floor area of the previously existing structure, the structure shall be brought into conformance with LUC 20.25A.140 through 20.25A.180.
5. If a nonconforming structure is destroyed by fire, explosion, or other unforeseen circumstances to the extent of 100 percent or less of its replacement value, it may be reconstructed consistent with its previous nonconformity; provided, that the reconstruction may not result in an expansion of the building, nor an increase in the preexisting nonconforming condition of the structure.
C. Nonconforming Sites.
1. A nonconforming site may not be changed unless the change conforms to the requirements of this Code, except that parking lots may be reconfigured within the existing paved surface. This subsection shall not be construed to allow any parking lot reconfiguration that would result in a parking supply that does not conform to the minimum/maximum parking requirements for the Downtown, LUC 20.25A.080.
2. A structure located on a nonconforming site may be repaired or remodeled, provided there is no expansion of the building; and provided further, that the remodel or repair shall not increase the existing nonconforming condition of the site.
3. For expansions of a structure on a nonconforming site made within any three-year period, which together exceed 20 percent of the replacement value of the previously existing structure:
a. Easements for public sidewalks shall be provided, unless the Director of the Department of Transportation determines such easements are not needed; and
b. A six-foot-wide walkway shall be provided from the public sidewalk or street right-of-way to the main building entrance, unless the Director determines the walkway is not needed to provide safe pedestrian access to the building. The Director may allow modification to the width of walkways so long as safe pedestrian access to the building is still achieved.
4. Expansions of a structure located on a nonconforming site, made within any three-year period, which together do not exceed 50 percent of the previously existing floor area, do not require any increase in conformance with the site development provisions of this Code, except as otherwise provided in subsection B.3 of this section.
5. Expansion of a structure located on a nonconforming site made within any three-year period, which together exceeds 50 percent of the floor area of the previously existing structure, shall require compliance with the site development provisions of this Code. (Ord. 6377, 10-16-17, § 2)