17.68.040 NONCONFORMING USES, SUBSTITUTION, EXTENSION, DISCONTINUANCE

A nonconforming use shall not be enlarged, extended, or changed unless the use is changed to a use permitted in the district in which it is located, and a nonconforming structure shall not be reconstructed or structurally altered unless such alteration shall result in removing those conditions of the building which render it nonconforming except as follows: A. Substitution Or Extension: 1. When authorized by the appeal authority in accordance with this section, a nonconforming use which is determined to be of a more desirable nature may be substituted for another nonconforming use. 2. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. 3. Repairs and structural alterations may be made to a nonconforming building provided that the floor space of such building is not increased. 4. A nonconforming use may be extended to include the entire floor area of the existing building in which is conducted at the time the use became nonconforming. 5. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of nature, or the public enemy, to the extent of not more than fifty percent (50%) of its reasonable replacement value at the time, may be restored or rebuilt and the occupancy or use of such building, structure, or part thereof which existed at the time of such restoration is started within a period of one year and is diligently pursued to completion. In the event such damage or destruction exceeds more than fifty percent (50%) of the reasonable replacement value of such nonconforming building or structure, all repairs or reconstruction shall be made to conform to all regulations for new buildings in the zoning district in which it is located, as determined by the building inspector. 6. Application for substitution or extension of a nonconforming use as provided in this section shall be made and considered in the manner set forth. B. "Cessation Of Use" Defined: A use shall be deemed to have ceased when it has been discontinued either temporarily or permanently for a period of one year or more, whether or not with the intent to abandon such use. Any nonconforming use that has ceased for a period of one year or more shall be terminated and any use thereafter shall conform to the use regulations of the zoning district. (Ord. 2007-8, 2007: Ord. 99-02-18-01 § 2)