Any use of a building or land at the time the ordinance codified in this title became effective shall be considered as a nonconforming use if the use of that building or land does not conform to the provisions of this title for the zoning district in which that building or use is located.

A.

A nonconforming use in a residential district may not be enlarged or extended.

B.

A nonconforming use in other districts may be enlarged or extended only after approval by the Board of Appeals following a public hearing as provided in Section 17.28.040.

A nonconforming use may be changed to another nonconforming use only if such change has first been approved by the Board of Appeals following a public hearing as provided in Section 17.28.040.

If a building containing a nonconforming use is, by any means, damaged or destroyed to the extent of more than sixty percent of its fair market value, such building or reconstruction thereof shall thereafter be occupied and used only for a conforming use, except by permission of the Board of Appeals as provided herein.

A.

Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs or incidental alterations.

B.

No structural alterations shall be made in a building or other structure containing a non-conforming use, except:

1.

When required by law or by a regulatory authority pursuant to the law;

2.

When made pursuant to an enlargement or extension as permitted in Section 17.32.060;

3.

When made to accommodate a conforming use.

The Board of Appeals may permit the enlargement or extension of a nonconforming use if the Board finds that:

A.

The enlargement or extension does not cause the area to be occupied by a nonconforming use to exceed one hundred twenty-five percent of the area occupied by a nonconforming use on the effective date of the ordinance codified in this title;

B.

The enlargement or extension does not exceed the applicable bulk regulations of the district;

C.

The applicable off-street parking requirements are complied with for the enlarged portion of the use;

D.

The enlargement or extension will not be detrimental to or tend to alter the character of the neighborhood.

The Board of Appeals may permit a nonconforming use to be changed to another nonconforming use if the Board finds that:

A.

The substitution or addition will not be detrimental to or tend to alter the character of the neighborhood;

B.

The substitution or addition will not increase congestion in the streets;

C.

The new use is no less restricted than the existing use.

In all districts, a nonconforming sign may be continued for fifteen years after the effective date of the ordinance codified in this title or after such later date that the sign becomes nonconforming. Upon the expiration of such fifteen-year period, such nonconforming signs shall be removed. However, a nonconforming sign shall be allowed to continue if it is a type permitted by the applicable district regulations and is not more than one hundred fifty percent of the permitted size. For other sign provisions, see Chapter 17.68.