The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of the ordinance codified in this title may be continued although the use does not conform with the provisions of this title; however:

A.

Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order, or so as to comply with the provisions of this title.

B.

Total lifetime structural repairs or alterations shall not exceed fifty percent of the assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this title.

C.

Substitution of new equipment may be permitted by the zoning board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(§7.1 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance codified in this title may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this title; however, it shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order so as to comply with the provisions of this title.

(§7.3 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

If a nonconforming use is discontinued or terminated for a period of twelve months, any future use of the structure, land, or water shall conform to the provisions of this title. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity, to the extent of more than fifty percent of its current assessed value, it shall not be restored except so as to comply with the use provisions of this title.

(§7.2 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

Any nonconforming billboard or advertising structure not attached to a building lawfully existing upon the effective date of the ordinance codified in this title shall be discontinued on or before ten years after the effective date of the ordinance codified in this chapter unless a discontinuance date has been established by a prior ordinance in which case such prior date of discontinuance shall apply.

(§7.21 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

A current file of all nonconforming uses shall be maintained by the zoning enforcing officer listing the following:

A.

Owner's name and address;

B.

Use of the structure, land or water; and

C.

Assessed value at the time of its becoming a nonconforming use.

(§7.2(part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the zoning board of appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the zoning board of appeals.

(§7.4 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

A.

A lot of record at the time of the adoption of the ordinance codified in this title, in a residential district which is unable to meet the requirements of this title as to area, lot width, and yard requirements, may be used for a single-family detached dwelling; provided, it meets all the other requirements of this title.

B.

When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

C.

The purpose of this provision is to permit utilization of recorded lots which do not meet the requirements as to area, lot width, and yards. The following additional requirements must be satisfied:

1.

The owner shall furnish, with the application for a building permit, a survey by a duly licensed land surveyor, showing the lot upon which the applicant proposes to erect any permitted residential use in the district, and also showing a portion of the lots on either side of the lot including the width of the adjoining existing side yards to the nearest part of the buildings or structures thereon.

2.

An affidavit by the owner of record of the lot described in the application for a building permit.

(§7.51 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

A.

The zoning board of appeals shall order the enforcing officer to issue a permit for the erection of a single-family dwelling in the district on the subject lot upon compliance with all of the foregoing provisions and all other applicable provisions of this title, if all of the following requirements are met:

1.

The subject lot:

a.

Is not adjoining and contiguous to a vacant lot on either side held under common ownership at the time of the passage of the ordinance codified in this title; or

b.

Is not contiguous to an improved lot of record which has one foot or more of an adjoining side yard in excess of the minimum required side yard for the district in which the building or structure is located, which additional side yard land could physically be added to the applicant's lot to increase its width or area; or that the owners of the adjoining lots refuse to sell any portion of land that could be added to the applicant's lot to increase the width thereof without reducing the required side yards of the adjoining lots, and which additional land the applicant would be willing to purchase; and

c.

Is not owned and has not been owned directly or indirectly or by a nominee of any person, firm, corporation, or trust, or by any officer, shareholder, director, partner, beneficiary, agent or person related by blood or marriage, or by any predecessors in title who also hold or holds any right, title, or interest in or to either one or both of the contiguous lots after the passage of the ordinance codified in this title to the date of application for a building permit.

2.

The contiguous lots are not owned and have not been owned directly or indirectly or by a nominee of any person, firm, corporation or trust, or by any officer, shareholder, director, partner, beneficiary, agent or person related by blood or marriage or by any predecessors in title who also hold or holds any right, title or interest, directly or indirectly, in the applicant's lot after the passage of the ordinance codified in this title to the date of application for a building permit.

(§7.52 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

In the event that the owner is unable to meet all of the additional requirements for a building permit set out in Section 17.76.080, or in the event that the owner either desires to sell to or to buy from the owners of a contiguous lot or lots who also desire to either sell or buy, but the parties are unable to agree on a price, then the zoning board of appeals may grant such relief in accordance with the procedures as set forth in this title is deemed appropriate. §7.53 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).