§ 20.82.024. Nonconforming industrial uses in residential zones.

A. For any property containing a nonconforming industrial use in a residential zone, the use may be continued, sold or ownership transferred without forfeiting any nonconforming rights previously established, but subject to the limitations of Sections 20.82.020 and 20.82.030.

B. For any property containing a nonconforming industrial use in a residential zone, a less intensive industrial use may be permitted on the property without loss of all nonconforming status, subject to the approval of the director of planning. The director of planning shall determine, based upon the standards contained in this section what constitutes a less intensive industrial use. Once the property has been changed to a less intensive use, it may not be restored to the more intensive use.

C. Factors which the director of planning may consider in making a determination of what constitutes a less intensive industrial use may include, but are not limited to the following:

1. Whether the proposed use will generate less odor, dust, or fumes than the prior nonconforming use;

2. Whether the proposed use will generate less noise which may negatively impact nearby residents than the prior use;

3. Whether the proposed use will generate less traffic than the prior use, or will otherwise diminish traffic congestion in the area or will promote traffic safety more than the prior use;

4. Whether the proposed use would lessen any danger of water contamination or degradation, soil contamination, or other environmental hazard; and

5. Whether the proposed use is harmonious with surrounding residential uses, and promotes the goals of the zone more than the previous use.

D. In making a determination that a particular use is a less intensive industrial use, the director of planning may require repair and/or exterior rehabilitation of an industrial building to reduce or mitigate the building's aesthetic impact on surrounding residential areas.

E. On any application for a determination of less intensive industrial use, the party seeking the determination shall provide the director of planning with such information as the director of planning deems necessary to make the determination.

F. The director of planning shall advise the applicant of the determination in writing and shall state the reasons therefor.

(Ord. 90-03-1060 § 1)