17.60.030 Nonconforming use.

A. Any nonconforming use may be permitted to continue provided there is no physical change, other than necessary maintenance and repairs, to the structure in which that use is contained.

B. Any nonconforming use of a structure which ceases to exist for a period of twelve months shall not be permitted to be re-established. Future uses of that structure shall be in conformance with all regulations of the district in which it is located.

C. Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this title, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

E. If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and compliance with the provisions of the district in which it is located; provided, however, that the foregoing provision does not apply if the owner of the building or structure at the time of damage or destruction rebuilds a comparable building or structure within twelve months of the destruction or damage. Such replaced building or structure may then contain no other nonconforming use than existed in the previous building, and only to the extent which previously existed.

In the event the damage or destruction is less than fifty percent of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

F. Termination and Removal of Nonconforming Uses. The following nonconforming uses of buildings, structures, or land shall be discontinued and completely removed from the premises and shall not be resumed or maintained at the expiration of six months from the effective date of this amendment or from the effective date of any amendment to this title which causes the use to hereinafter become nonconforming.

1. Any nonconforming use which is conducted primarily on open land and does not utilize any permanent enclosed building or structure, or where the only buildings or structures employed are accessory or incidental to such use;

2. Any nonconforming building or structure having an assessed valuation not in excess of one thousand five hundred dollars on the effective date of this title;