It is declared to be the policy of the board to provide regulatory mechanics for nonconforming uses as found and determined to be reasonable and equitable in many jurisdictions. This policy is pursued in order that nonconforming uses in existence at the time of adoption of the ordinance codified in this title, or amendments thereto, shall be brought to conformity or amortized and removed within such periods of time as are compatible with justice to the owners of properties affected and with the interests of the safety, health and general welfare of the county.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 411 and 412) § 5.10:1, 1978).

A.

"Nonconforming lot" means a lot lawfully existing at the time the ordinance codified in this title becomes effective, which does not meet the area or width requirements of the zone in which it is located.

B.

"Nonconforming structure" means a building or structure or portion thereof lawfully existing at the time the ordinance codified in this title becomes effective, which was designed, erected, or structurally altered, for a use that does not conform to the use regulations of the zone in which it is located, or which does not conform to the setbacks for maximum lot coverage or other provisions established in this title for the zone.

C.

"Nonconforming use" means a use to which a building or land was lawfully put at the time the ordinance codified in this title becomes effective and which does not conform with the use regulations of the district in which it is located.

(Res. l3678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 412) § 5.10:2, 1978).

A.

The lawful use of land or structures existing on the effective date of the ordinance codified in this title may be continued. With approval of the board of adjustment, nonconforming uses or structures may be altered or expanded. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time the ordinance codified in this title becomes effective is not an expansion of a nonconforming use. A nonconforming structure which conforms with respect to use may be altered or expanded if the alteration or expansion does not cause the structure to deviate further from the standards of this title.

B.

If a nonconforming use is discontinued for a period of six consecutive months, further use of the property shall conform to this title.

C.

A nonconforming use if changed to a conforming use may not thereafter be changed back to a nonconforming use.

D.

A nonconforming use may be changed with approval of the board of adjustment to another nonconforming use of the same or of a more restricted nature.

E.

Nothing contained in this regulation shall require any change in the plans, construction, alteration, or designated use of a structure upon which construction has commenced prior to the effective date of the ordinance codified in this title. If the designated use will be nonconforming, it shall be in operation within two years from the effective date of the ordinance codified in this title, otherwise future use of the property shall be in conformance with the zoning district in which the property is located. Construction plans for a building or structure filed with the building codes administrator prior to the effective date of the ordinance codified in this title shall constitute a permit for construction. Such construction shall, however, be commenced within sixty days and completed within two years from the effective date of the ordinance codified in this title.

F.

Normal repairs and alterations may be made to a lawful nonconforming building; provided, that no structural alterations shall be made, except those required by law. No existing nonconforming structure designed, arranged, intended for, or devoted to, a use not permitted under this title for the district in which such structure is located shall be enlarged, extended, reconstructed, structurally altered, or moved unless such use is changed to a use permitted under the regulations specified by this title for the district in which the building is located; and, provided further, that nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe and ordered to be strengthened or restored to a safe condition, unless such building has been destroyed by an extent exceeding seventy-five percent of full value, as determined by consideration of the assessed value referred to above.

G.

When a building or other structure containing a nonconforming use is damaged by fire or by any other cause so that the cost of renewal of the damaged parts exceed seventy-five percent of the cost of the replacement of the entire building (exclusive of foundations) using new materials, then such building shall not be rebuilt unless the building and its construction and uses conform fully to this title and other codes of the county as applied to new buildings and structures and to uses for the district in which it is located. The determination of whether a building is destroyed to the extent described above shall rest with the board of adjustment.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 412 and 413) § 5.10:3, 1978).

The two alternatives provided to meet compliance with nonconforming open land uses are:

A.

The use of land (not having buildings thereon) which does not conform to the use provisions of this title, and which becomes nonconforming by reason of subsequent amendments, shall be discontinued within five years from the effective date of the ordinance codified in this title, or amendments thereto; or

B.

All uses of land for outdoor work or storage purposes, which after the adoption of the ordinance codified in this title, or amendments thereto, exist as nonconforming uses, shall be completely enclosed within a view-obscuring fence approved by the board of adjustment. Such fence shall be of a sufficient height so that the fence and supplemental landscaping will at all seasons of the year completely screen all operations of such establishments from view from adjacent land and buildings.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, pages 413 and 414) § 5.10:4, 1978).

Nothing in this title shall be interpreted as authorization for, or approval of, the continuance of, nor the allowing of a special permit, exception or variance for the use of, a structure or premises in violation of the zoning regulations in effect at the time of the effective date of the ordinance codified in this title.

(Ord. 0031196 (Vol. 60, page 190) § 39, 1996; Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 414) § 5.11, 1978).

It is the duty of the director of planning to see that this title is enforced through the proper legal channels. No permit shall be approved for the construction or alteration of any building or part thereof unless the plans, specifications and intended use of such building conform in all respects with the provisions of this title.

(Ord. 62678 (Vol. 29, page 414) § 5.12, 1978).

Pursuant to RCW Chapter 36.70, the board may establish a hearings examiner position under this section and adopt standards for implementation of the position.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 414) § 5.13, 1978).

Once the board of county commissioners or board of adjustment has denied any particular zone change, conditional use permit, variance or any other permit application or proposal, that proposal or any similar to it may not be resubmitted for review and action for a period of six months from the date of denial.

(Res. 13678 (Vol. 29, page 346)(part): Ord. 62678 (Vol. 29, page 414) § 5.14, 1978).