18.200.080 Legal nonconforming uses.
(a) Any use which is not listed as a permitted use in these downtown zoning districts but which was permitted for a specific parcel of property pursuant to zoning district regulations in effect for such parcel and which physically existed upon such parcel prior to the enactment of the districts shall be permitted as a legal nonconforming use in accordance with Chapter 18.220 TMC.
(b) Expansion of legal nonconforming uses and/or structures is prohibited unless a determination of “no adverse impact” by the Planning Director is obtained based on the following:
(1) The use intensity on the site of the proposed expansion will not increase by more than 10 percent cumulatively; and
(2) The expansion will not result in a reduction of acceptable levels of off-street parking, lot coverage ratio, landscaping by more than five percent; and
(3) The expansion will not result in an increase of noise, odor, traffic, light, or dust incompatible with the surrounding neighborhood and/or uses; and
(4) The expansion is consistent with any adopted neighborhood, area, or redevelopment plan; and
(5) The expansion is consistent with the development performance standards of these districts. (Ord. 17661 § 8, 8-20-01. Code 1995 § 48-24b.06.)
Cross References:Planning and Development Department, TMC 2.20.080.