The use of land existing at the time of the passage of the ordinance codified in this title and prior Ordinance Number 433, Section 270.10 (previously codified as 3.24.270.10) although such use does not conform to the provisions of this title, may continue upon such conditions as prescribed by the Hearing Examiner. After this ordinance becomes effective, and if such nonconforming use is abandoned, or is discontinued for a period of six (6) months or more, subsequent use of the land shall be in conformity with the provisions of this title. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time the ordinance codified in this title becomes effective, shall not be considered an extension of a nonconforming use.

The conditions prescribed by the Hearing Examiner for the continued use of a nonconforming use must bear a substantial relation to the alleviation of a hazard to the health, morals, safety, or general welfare of the entire affected community and in particular that of surrounding inhabitants. Conditions may be prescribed including, but not limited to, those situations existing because of fumes, odors, glare, noise, smoke, dust, unsightly materials, or other objectionable factors. If, in fact, conditions are prescribed by the Hearing Examiner because of the continuation of the nonconforming use, the matter is to be reviewed by the Hearing Examiner no less frequently than two (2) years and/or upon change of ownership.

The Hearing Examiner’s decision is a final decision and an appeal may be taken of the Hearing Examiner’s rulings pursuant to Section 20.11.050. (Ord. 2949, 4/14/20; Ord. 2466, 5/12/09; Ord. 2144, 12/9/03; Ord. 1017, 1981; Ord. 786, 1976)