Ordinance 2144-96 - Laserfiche WebLink

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 on November 7, 1986. 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 on November 7, 1986. c. Operation of a nonconforming use in such manner as to conflict with, or to further conflict with if already conflicting on November 7, 1986, any provision of this title. 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 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. 3. In the event a nonconforming adult use business determines that the period set forth in subdivision 2 of this subsection does not provide the adult use business with a reasonable period of amortization, then no later than one hundred and eighty days prior to the expiration of the period, the nonconforming adult use business shall make application to the city land use hearing examiner for an extension of time. Accompanying the application shall be a fee in the amount of fifty dollars. In determining whether or not to grant the extension, the examiner shall determine whether or not the harm or hardship to the nonconforming adult use business outweighs the benefit to be gained from the public from termination of the use. Factors to be considered by the examiner include the secondary adverse effects of the business on the neighborhood/community, the location of the business in relation to sensitive land uses such as schools, parks, churches, residential zone(s), etc., initial capital investment, investment realization to date, life expectancy of the investment, the existence or nonexistence of a lease obligation, as well as a contingency clause permitting termination of the lease, or whether a reasonable alternate use of the property exists. The action of the examiner shall constitute a final decision which is appealable to the Everett city council in accordance with the requirements of the city's land use hearing code, Chapter 2.23 of this code. 22