20.150.110

A. The director, or the planning commission, on appeal, shall issue a special use permit for a nonconforming use only if the following findings can be made: 1. In case of an application for a special use permit for reinstatement of a legal nonconforming use: a. No more than eighteen (18) months has elapsed between the date the legal nonconforming use was first discontinued or abandoned and the date the application for the special use permit was filed and found complete; and b. The conversion to a conforming use would create undue hardship under the particular circumstances presented. c. The finding required by subsection a above does not need to be made for reinstatement of residential legal nonconforming uses or the residential mixed use residential/commercial legal nonconforming uses. 2. In case of an application for a special use permit for expansion or enlargement: a. The expansion of the use upon the land, or the alteration or enlargement of the building or structure, does not significantly increase any identified impact such as traffic, on-street parking or noise. 3. In the case of an application for a special use permit for a change in use, it is found that: a. The nonconforming use is being changed to a use of like nature. 4. In case of an application for a special use permit for determination of compatibility of nonconforming and conforming uses when either changing a conforming use to another conforming use or adding a conforming use, it is found that: a. The change or addition of a conforming use on site is compatible with any existing nonconforming use on site in terms of architecture as well as use. B. In addition to the findings required by Subsection A, no special use permit shall be issued, pursuant to this part, unless it is found that: 1. The permit will not impair the character and integrity of the neighborhood; and 2. The permit will not impair the utility or value of adjacent property or the general welfare of the neighborhood; and 3. The permit is not detrimental to the public peace, health, safety, morals or welfare. (Ord. 26248.)