Chapter 10.72 — MISCELLANEOUS NONCONFORMING PROVISIONS

A. Use May Continue. Any use which is nonconforming in terms of required off-street parking facilities may continue in the same manner as if it were conforming. However, the number of existing off-street parking spaces shall not be reduced.

B. Expansion. When an existing structure or use with nonconforming parking is expanded, additional parking spaces shall be provided in compliance with the provisions of Chapter 10.30 (Off-Street Parking and Loading). However, the number of additional spaces shall be computed only to the extent of the enlargement or expansion in use, regardless of whether or not the number of previously existing spaces satisfies the requirements of Chapter 10.30 (OffStreet Parking and Loading).

• C. Change in Use.

1. When a nonconforming use is changed to a conforming use and additional parking is required per Chapter 10.30 (Off-Street Parking and Loading), the nonconformity shall cease and the new use shall provide all required offstreet parking and loading in accordance with the provisions of Chapter 10.30 (Off-Street Parking and Loading). However, the Director shall have the authority to allow for a reduction in the required number of parking and/or loading spaces for the conforming use, provided the following findings can be made:

• a. That the conforming use benefits the community by providing new economic development and job opportunities; and

• b. That the conforming use will not adversely impact surrounding uses or public streets by increasing demand for on-street parking.

2. If the additional parking required by subparagraph 1 cannot be provided on the same site as the use it serves, the applicant may provide alternative parking facilities pursuant to Section 10.30.090.B (Parking Lot Location). (Ord. 935 § 3 (part), 2015)