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If a lawfully established nonconforming use of land or structures exists, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1) A nonconforming use may be expanded or extended throughout any parts of a structure without a nonconforming use alteration permit; provided, that no such use shall be enlarged to occupy any land outside such structure except as may be authorized in accordance with this section.

(2) No existing nonconforming use of a structure or land shall be enlarged, extended, constructed, reconstructed, moved or altered except in changing the use of the structure or land to a Class 1, II, or III use in the zoning district in which it is located, except as provided in subsections (3) or (4) of this section.

(3) When a legal nonconforming site-built home is nonconforming only to the extent that the lot contains more dwelling units than currently permitted in the zoning district the replacement thereof may be authorized as follows:

(A) Class 1 review shall be required when replacing a legally existing site-built home with another site-built home.

(4) The administrative official may consider applications for the enlargement, reconstruction, alteration or expansion of a nonconforming use within a structure or lot or for the change of a nonconforming use to a different, more restricted nonconforming use. The administrative official may grant the relief requested if he finds all of the following:

(A) That the enlargement, reconstruction, alteration, expansion or change of use requested would not be contrary to the public health, safety or welfare;

(B) That the use or structure does not and is not likely to significantly depress the value of nearby properties;

(C) That the use or structure was lawful at the time of its inception;

(D) That the significance of the hardship to the applicant is more compelling than, and reasonably overbalances, the benefit the public would derive from denial of the relief requested;

(E) That no useful purpose would be served by strict application of the provisions or requirements of this title with which the use or structure does not conform;

(F) That the proposed enlargement, reconstruction, alteration, expansion or change of use on the property is compatible with the character of the neighborhood, and does not jeopardize the future development or use of the area in compliance with this title and the comprehensive plan;

(G) That the nonconforming structure will comply with all applicable development standards and codes to the extent feasible;

(H) If the substitute use is itself nonconforming, the degree of nonconformity may not subsequently be increased by changing to a less restrictive use. "More restrictive use" as employed in this title means the following:

(i) Those uses permitted in the LDSF district are deemed to be the most restrictive uses, with all other Class 1 uses being less restrictive, as classified;

(ii) All other uses are less restrictive in the following sequence: R-l, R-2, R-3, B-l, B-2, and M-1.

(5) The administrative official shall review such requests under the procedures of Chapter 10.28.010(b) for Class 2 review.

(6) Required site improvements, parking and signage shall be subject to the specific provisions of this title.

(7) Enlargement, reconstruction, alteration or expansion of a nonconforming use listed as a Class 1, Class 2 or Class 3 use for the zoning district in which it is located shall be processed according to its respective classification – not as a nonconforming use.

(8) Nothing in this section shall be construed to restrict normal repair and maintenance activities including replacement of walls, fixtures and plumbing, provided:

(A) That the value of work and materials in any twelve month period does not exceed twenty-five percent of the true market value of the structure prior to such work; and

(B) The required maintenance and repair activities are for the purpose of continuing the nonconforming use at or below the lawful nonconforming use level, except as permitted through the nonconforming use alteration review process. (Ord. 1634 § 145, 2004.)