17.25.200 Change in use of property where a nonconforming situation exists.
(1) A change in use of property (where a nonconforming situation exists) that is sufficiently substantial to require an amendment in accordance with Chapter 17.155 SMC may not be made, except in accordance with subsections (2) through (4) of this section.
(2) If the intended change in use is to a principal use that is permissible in the zoning district where the property is located, and all of the other requirements of this code applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this code is achieved, the property may not revert to its nonconforming status.
(3) If the intended change in use is to a principal use that is permissible in the zoning district where the property is located, but all of the requirements of this code applicable to that use cannot reasonably be complied with, then the change is permissible if the planning director approves the change. A permit may be issued if the planning director finds, in addition to any other findings that may be required by this code, that:
(a) The intended change will not result in a violation of SMC 17.25.190; and
(b) All of the applicable requirements of this code will be reasonably complied with. Compliance with a requirement of this code is not reasonably possible if it cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. And, in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformities would thereby be created.
(4) If the intended change in use is to another use that is also nonconforming, then the change is permissible if the planning director approves the change. The planning director may issue the permit if he or she finds, in addition to other findings that may be required by this code, that:
(a) The use requested is one that is permissible in some other zoning district;
(b) All of the conditions applicable to the permit authorized in subsection (3) of this section are satisfied; and
(c) The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 6(Q)(8), 1995).