This chapter provides standards and procedures for the continuation of lots, uses, and developments that were lawfully established but do not comply with current code standards ("nonconforming situations"). This chapter is intended to protect public health, safety, and general welfare, while allowing reasonable use of private property.
(Ord. 987 § 1 (Exh. A), 2022)
Where a use of land exists that would not be permitted under the current code, but was lawful at the time it was established, the use may continue, provided it conforms to the following requirements:
1. 
Expansion of Nonconforming Use Limited. Any expansion of a nonconforming use exceeding 10 percent of the subject site or building, or for more than 2,000 square feet of building area that existed as of the construction of the now nonconforming use(s), requires approval of a conditional use permit under Chapter 19.25 HMC.
2. 
Location of Nonconforming Use. A nonconforming use shall not be moved in whole or in part from one lot to another lot, except as to bring the use into closer conformance with this code.
3. 
Discontinuation or Abandonment of Nonconforming Use. A nonconforming use that is discontinued for any reason (other than fire or other catastrophe or destruction beyond the owner's control) for a period of more than 18 months, except six months for signs, shall be deemed abandoned and shall no longer be an allowed use. For purposes of calculating the 18-month period, a use is discontinued when the most recent of one or more of the following events has occurred:
a. 
The use of land is physically vacated;
b. 
The use ceases to be actively involved in the sale, production, storage or promotion of merchandise or the provision of services; for example, as evidenced by the removal of signs, goods, stock, or office equipment, or the disconnection of telephone or other utilities;
c. 
Commercial or business signs that no longer reflect or communicate correct information shall be removed, demolished or updated within 60 days of notice of nonconforming status and shall be brought into conformity with Chapter 18.90 HMC;
d. 
Any lease or contract under which the nonconforming use has occupied the land is terminated;
e. 
A request for final reading of water and power meters is made to the applicable utility;
f. 
The owner's utility bill or property tax bill account became delinquent;
g. 
Structures have become dilapidated, failing, hazardous or otherwise not suitable for their former use(s);
h. 
The owner does not obtain or keep current a City business license, as may be required in Chapters 5.05 through 5.25 HMC; or
i. 
An event occurs similar to those listed in subsections (3)(a) through (h) of this section, as determined by the City Administrator.
4. 
Application of Code Criteria and Standards to Nonconforming Use. Once the City deems a use abandoned pursuant to this chapter, any subsequent use of the subject lot shall conform to the current standards and criteria of this code.
5. 
Extension of Nonconforming Status for Discontinued Use. Notwithstanding the provisions of this chapter, a nonconforming use that is discontinued shall not be considered abandoned where, through a Type III procedure, the Planning Commission approves an extension for maintenance or repair, including ongoing, active renovation and efforts to lease the subject property. The owner must request the extension within the 18-month period of initial discontinuance.
(Ord. 987 § 1 (Exh. A), 2022)