17.05.011 - Applicability.

The provisions of this section shall apply to buildings, lands or uses which become nonconforming as a result of the application of this chapter to them, or from the classification or reclassification of the property under this chapter, or any subsequent amendment thereto.

(Ord. 108-05 Attach. B (part), 2005).

17.05.012 - Continuing existing uses.

(a)

Any lawful use of land and/or building or structure, either existing or under construction, may be continued, without regard to whether the use or building becomes nonconforming as a result of application of this chapter.

(b)

Any lawful use of land and/or building or structure for which a use or building permit has been applied may (subject to the issuance of such permit) be completed, and may be used as intended, without regard to whether the use or building would be nonconforming as a result of application of this chapter.

(c)

Any lawful use of land and/or building or structure which is vested by application of state law may be completed, and may be used as intended, without regard to whether the use or building would be nonconforming as a result of application of this chapter.

(Ord. 108-05 Attach. B (part), 2005).

17.05.014 - Alterations and enlargements.

(a)

Unless otherwise specifically provided in this chapter, nonconforming buildings shall not be enlarged or structurally altered unless the enlargement or alteration is required by law, or unless the enlarged building area is occupied by a conforming use. Any such enlargement or structural alteration shall meet the buffer requirements of this chapter, as those buffer requirements are applied to the entire parcel of land, subject to the determination of the administrator, as set forth in Section 17.03.036(3)(C).

(b)

Nonconforming nonresidential uses and structures located outside urban growth areas may be permitted to expand, subject to the following conditions:

(1)

The floor area of the existing building(s) shall not increase by more than twenty percent or ten thousand square feet, whichever is greater; and

(2)

The buffer yard requirements of this chapter shall be applied to the entire parcel of land, and shall be met, subject to the determination of the administrator, as set forth in Section 17.03.036(3)(C).

(c)

Normal upkeep, repair and maintenance of nonconforming structures is permitted, provided that such activities shall not increase the nonconformity of the use or structure(s).

(d)

Unless otherwise specifically provided in this chapter, no nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than occupied by such use at the time this chapter becomes effective.

(e)

Unless otherwise specifically provided in this chapter, no nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by the nonconforming use at the time this chapter becomes effective.

(Ord. 108-05 Attach. B (part), 2005).

17.05.016 - Abandonment; reconstruction.

(a)

If any nonconforming use of land and/or building is abandoned, or ceases for any reason whatsoever (including destruction of the building) for a period of two years or more, then any future use of such land and/or building shall conform to the provisions of this chapter. Upon written request of the property owner, the administrator shall grant one, one-year extension to the aforementioned two-year period.

(b)

Any nonconforming building or structure which has been damaged or destroyed by fire, earthquake, flood, wind or other disaster may be rebuilt for the same nonconforming use only, subject to the following restrictions:

(1)

The restoration or repair of such nonconforming building shall not serve to extend or increase the nonconformance of the original building or use; and

(2)

A building permit allowing for such restoration or repair must be issued within two years of the disaster. Upon written request of the property owner, the administrator shall grant one, one-year extension to the aforementioned two-year period.

(Ord. 108-05 Attach. B (part), 2005).

17.05.018 - Change of use.

Any current nonconforming use of land or a structure shall not be changed to any other use, unless:

(1)

The new use conforms to the provisions of the ordinance codified in this chapter;

(2)

The new use is of equal or lesser intensity than the most current use, as determined by the Classification of Land Uses, Figure 17.03.034

(3)

By special use permit, the new use is of equal to or less intensity than any prior use that occurred in a ten-year period preceding the date of application for said special use permit, based upon the current site conditions and compatibility with area land uses; and

(4)

Provided that the land use has not been abandoned per Section 17.05.016

(Ord. 100-07 Attach. B (part), 2007: Ord. 108-05 Attach. B (part), 2005).