Ordinance 2538-01 - Laserfiche WebLink

this subsection locates within the required separation distance, the zoning conformity of the legally established adult use shall not be affected. SECTION 64: That Ordinance No. 1671-89 as amended by Sections 11 and 16 of Ordinance No. 2144-96 (EMC 19.39.025 B(2))which reads in part as follows: 2. Adult use businesses which are nonconforming uses in the zone in which they are located and which are located within the city limits shall be discontinued within one year of the date of becoming a nonconforming adult use business or upon the expiration of the leasehold period in existence as of the date of becoming a nonconforming adult use business, or upon the sale of the nonconforming adult use business, whichever occurs first. Adult use businesses which are nonconforming as a result of annexation to the city shall be discontinued within one year of the date of annexation. Such nonconforming adult use businesses shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities (extend, expand, enlarge, increase in intensity) shall include: a. Extension of a nonconforming adult use business to any building or other structure or land area other than one occupied by such use as of the date of becoming a nonconforming adult use business. b. Extension of any specific type of nonconforming adult use business, as separately defined in Chapter 4 of this title, within a building or other structure to any portion of the floor area that was not occupied by that same type of adult use business as of the date of becoming a nonconforming adult use business. c. Operation of a nonconforming use in such manner as to conflict with, or to further conflict with if already conflicting as of the date of becoming a nonconforming adult use business. Any change in a nonconforming adult use business shall be to a use which is legally permitted within the zone in which it is located. In the event a nonconforming adult use business, or portion thereof, is changed to a use which is legally permitted within the zone in which it is located, then the structure or portion thereof which contained the adult use business cannot thereafter be used or reused for any type of adult use business. In the event a nonconforming adult use of a building or structure is vacated, closed or abandoned for a period in excess of six months, the structure shall not thereafter be used except in conformance with a use which is legally permitted within the zone in which it is located. Repairs and alterations to a nonconforming adult use business building or structure shall be limited to nonstructural repairs and incidental alterations for normal maintenance and shall only be permitted to the extent necessitated by normal wear and tear. No structural alterations shall be allowed. A building or structure containing a nonconforming adult use business which is damaged or destroyed by fire,wind, earthquake or other natural disaster can be restored and the same use or occupancy continued or resumed provided the total cost of such restoration does not exceed the value of the building or structure at the time of such damage. Restoration of a structure or building housing a nonconforming adult use business or moneys used therefor shall not be used as factors by the examiner when considering any request of a time extension made pursuant to subdivision 3 of this subsection. 53