§ 16.60.030.5. Nonconforming uses of structures and premises.

A nonconforming use of a structure or structures occupying more than ten percent of the area of the lot or having a replacement value of more than ten percent of the combined value of the lot and structures, may be continued subject to the following provisions:

1.

The use must remain lawful in all other respects.

2.

No existing structure or structure and premises devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted or grandfathered in the district in which it is located.

3.

If a nonconforming use of a structure, or structure and premises, is abandoned, the use of the structure and premises shall thereafter conform to the regulations for the district in which the structure is located.

4.

If a structure and the use of the premises are nonconforming, the nonconforming use shall not continue if the structure is removed or destroyed, whether the removal or destruction is voluntary or otherwise. In such an event:

a.

All uses shall conform to the regulations of the district in which the property is located; and

b.

The nonconforming use shall not be reestablished.

5.

If a nonconforming use of structure, or structure and premises, is changed to a conforming or grandfathered use, the nonconforming use shall not thereafter be reestablished.

6.

If a nonconforming use involves operation of equipment or machinery, such equipment or machinery may be replaced, provided, however, that the new equipment or machinery shall comply with such performance standards as may be established for the district.

7.

Should a structure containing a nonconforming use be damaged by any cause to an extent of more than 75 percent of the current replacement value, it shall not be reconstructed or repaired except in conformity with the provisions of this chapter.

(Code 1992, § 16.60.030.5)