§ 21.55.050. Nonconforming uses of structures.

If lawful use involving individual buildings or structures, or of a structure and premises in combination, exists at the original effective date of adoption or amendment of applicable regulations contained in chapters 21.35 through 21.50 that would not be allowed in the district under the terms of current regulations, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No existing structure devoted to a use not permitted by ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

B.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of applicable regulations, but no such use shall be extended to occupy any land outside such buildings.

C.

If no structural alterations are made, any nonconforming use of a structure and premises may be changed to another nonconforming use provided that the board of examiners and appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such change, the board of examiners and appeals may require appropriate conditions and safeguards.

D.

Any structure and premises, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the use regulations for the district, and the nonconforming use may not thereafter be resumed.

E.

When a nonconforming use of a structure and premises is discontinued or abandoned for one year, except when government action impedes access to the premises, the structure and premises shall not thereafter be used except in conformity with the regulations of the district in which it is located.

F.

Where nonconforming use status applies to a structure and premises, removal or destruction of the structure shall eliminate the nonconforming status of the land. The term "destruction," for the purpose of this subsection, is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.

(GAAB 21.05.070.E)