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Title 17C
Chapter 17C.210
Section 17C.210.060
 

Title 17C Land Use Standards

Chapter 17C.210 Nonconforming Situations

Section 17C.210.060 Nonconforming Uses – Conversion
  1. A person may not change the use of a nonconforming use unless the change is to a conforming use, except as provided in this section.
  1. In the residential, O, OR, NR, and NMU zones, a nonconforming use may, by conditional use permit from the hearing examiner, be changed to an equal or more compatible use so long as no new building, enlargement or extensive alteration is involved.
  1. In the CC-2, Downtown, CB, or GC and less restrictive zones, a nonconforming use may be changed to any use permitted in the zone wherein the nonconforming use is first permitted, except there can be no conversion to a use confined to the HI zone.
  1. As an alternative to demolition and removal as required by this chapter, a building having a floor area, exclusive of any basement, in excess of one thousand five hundred feet and located in an RSF or RTF zone may be converted, by conditional use permit from the hearing examiner, to a multifamily residence complying with the RMF zone lot area requirements if the examiner finds the conversion will promote the purposes of this chapter and will not perpetuate any unduly detrimental condition.
    1. The work of conversion under this subsection must be commenced within one year and completed within two years or the director of building services will cause demolition and removal.
    1. When the nonconforming building is of such construction as prevents its being moved or altered without major structural damage or substantial reduction of its usefulness, the hearing examiner may grant with the conditional use permit such lot area, building coverage, height or yard variances as necessary to allow conversion in a practical fashion and minimize the effect of the nonconforming use on the surrounding area.

Date Passed: Monday, December 14, 2009

Effective Date: Wednesday, January 27, 2010

Ordinance C34530 Section 17