§ 19.56.010. Nonconforming buildings and structures.

(a)

General. A nonconforming building or structure existing at the time of adopotion of the ordinance codified in this title may be continued, maintained, and repaired, except as other-wise provided in this section. Nothing in this title shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe.

(b)

Alteration or Enlargement of Building and Structures. A nonconforming building or structure shall not be added to or enlarged in any manner unless said building or structure including additions and enlargements, is made to conform to all regulations of the district in which it is located; provided, however, that if a building or structure is con-forming as to its use, but nonconforming as to yards or height or off-street parking space, said building or structures may be enlarged or added to provided that the enlarge-ment or addition complies with the yard and height and off-street parking requirements of the district in which said building or structure is located. No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located.

(c)

Building Vacancy. A building or structure or por-tion thereof, which is nonconforming as to use, which is or hereafter becomes vacant and remains unoccupied for a con-tinuous period of one year shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

(d)

Destruction of Nonconforming Building or Structure. Any nonconforming building or structure which has been or may be damaged by fire, flood, explosions, earthquake, war, riot or any other act of God, may be reconstructed and used as before if it can be done within twelve months of such calamity and rebuilt using the same footprint, as at the time of damage.

(e)

Change of Use. A nonconforming use of a conforming building or structure may be explained or extended into any other portion of the structure provided the structure was manifestly arranged or designed for such use at the time of adoption of amendment of the ordinance codified in this title, but no use shall be extended to occupy any land outside such building.

If such a nonconforming use, or a portion thereof, is discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located. A vacant or partially vacant conforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of one year after the effective date of the ordinance codified in this title, but otherwise it shall be used in conformity with the regulations of the district in which it is located.

The use of a nonconforming building or structure may be changed to a use of the same or more restricted district classification; but where the use of nonconforming building or structure is changed to a use of a more restricted district classification it thereafter shall not be changed to a use of a less restricted district classification; provided, however, that a building or structure that is nonconforming at the time of adoption of the ordinance codified in this title is not in violation. For the purpose of this subsection only, the R-1 district shall be considered the most restrictive and the M-2 district the least restrictive district.

(f)

Swimming Pool Fences. The lawful use of a swimming pool existing at the effective date of the ordinance codified in this title may be continued, provided that twelve months after the effective date of the ordinance codified in this title all nonconforming pools shall conform to subsection (e) of Section 19.48.030. (Ord 399 §2, 2001; Ord 293 §13.00, 1986).