If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption of the ordinance codified in this subchapter, or amendment of this subchapter, that would not be allowed in the district under the terms of this chapter, 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 this chapter 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) No nonconforming use shall be extended to occupy any additional land area.
(C) (1) If no structural alterations are made, any nonconforming use of a structure, or structure and land, may, upon the issuance of a special use permit by the Commission, be changed to another nonconforming use.
(2) (a) Provided, that the Commission shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
(b) In permitting such change, the Commission may require appropriate conditions and safeguards in accord with other provisions of this chapter.
(D) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(E) When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than two years (except when government action impedes access to the premises), the structure, or structure and land in combination, 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 land in combination, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
(G) When a nonconforming use structure is destroyed by natural disaster or element out of the owner’s control (i.e., fire, flooding, earthquake and the like), it may be reconstructed in the same location and with the same dimensions after obtaining the necessary permits.
(Prior Code, § 17.52.060)