Except as hereinafter specified, any use, building, or structure, lawfully existing at the time of the enactment or subsequent amendment of this ordinance, may be continued even though such use, building, sign, or structure does not conform to the provisions of this ordinance or the zone district in which it is located. Except as otherwise provided by law, nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority. 

Affidavit. Following the effective date of this ordinance or any amendment thereto, by which a use, structure, or sign becomes nonconforming, the owner of a land use, structure, or sign, may register such nonconforming use, structure or sign, by filing with the administrator an affidavit setting forth the time that said use, structure, or sign came into existence, the size of the structure, or sign, and the size and extent of the nonconforming use existing on the effective date of this ordinance or applicable amendment. The administrator shall preserve the affidavit and on the basis of an approved affidavit issue a certificate of occupancy. 

1. Burden on owner to establish legality. The owner bears the burden of establishing that any Non-Conforming Use or Non-Complying Structure lawfully exists.
2. Determination of status. The Director of Community Development shall determine the Non-Conforming or Non-Complying status of properties. Any decision of the director may be appealed within ten (10) calendar days of the decision to the Board of Adjustment. Upon appeal, the Board of Adjustment shall conduct a hearing and shall review the matter under de novo standard of review.

1. Continuation of non-conforming use. A lawful Non-Conforming use may continue subject to the standards and limitations of this Chapter
2. Continuation of non-complying structure. A Non-complying Structure that was lawfully constructed with a permit prior to a contrary change in this Code, may be used and maintained, subject to the standards and limitations of this Chapter.

A nonconforming use shall not be enlarged, extended, moved within the premises, or changed unless the use is changed to a use permitted in the zone district in which it is located, and a nonconforming building 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:

1. SUBSTITUTION OR EXTENSION 
   1. When authorized as a special exception by the legislative body in accordance with this ordinance, 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. Except as provided in sub-section (A)(6) below, no nonconforming use may be changed to another non-conforming use.
      1. Application for any nonconforming use must be made upon forms provided by the Town Recorder. Upon filing of a complete application, the Town shall post the property indicating that an application for modification of a non-confirming use has been filed and that more detailed information may be obtained from the Town.
      2. Notice shall be provided pursuant to the Notice Matrix in LMC 16.42.010.
      3. Within thirty (30) working days of the Planning & Zoning Board’s receipt of a compete application, and after giving public notice, the Board of Adjustment shall hold a public hearing on the nonconforming use application. The Board of Adjustment shall either grant the application in whole or in part, with or without modifications or conditions, or deny the application. The Board of Adjustment’s decision shall be made pursuant to criteria provided below:
      4. The Board of Adjustment shall approve an application to change a nonconforming use to another nonconforming use if the applicant proves the following criteria:
         1. All reasonable measures will be undertaken to alleviate or reduce the incompatibility or adverse effects of the nonconforming use or building upon abutting properties or in the neighborhood;
         2. All changes, additions, or expansions comply with all current laws except as to use;
         3. The new use will provide for enclosed storage of necessary equipment, materials, and refuse, rather than create a need or additional outside storage; and
         4. The new use does not increase the parking requirement; or if there is an increase, the site plan meets the parking requirement and the Board of Adjustment finds that adjoining properties and the neighborhood will not be adversely impacted by the increased parking demand.
   3. When authorized as a special exception by the legislative body in accordance with this ordinance, a building devoted to a nonconforming use may be completed upon the lot occupied by such building provided that such completion is necessary and incidental to the existing use of such building.
   4. Repairs and structural alterations may be made to a nonconforming building or use provided that the floor area of such building is not increased. Alterations may also be made to assure compliance with health and safety codes.
   5. A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming.
   6. A nonconforming use may not be enlarged, expanded, or extended to occupy all or a part of another structure or site that it did not occupy on the date on which the use became non-conforming. A nonconforming use may be extended through the same building or structure provided no structural alteration of the building or structure is proposed or made for the purpose of the extension and the parking demand is not increased.
   7. Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed.
   8. A building or structure containing a nonconforming use may not be moved unless the use shall thereafter conform to the regulations of the zoning district into which the building or structure is moved.
   9. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, other calamity or act of nature, or the public enemy, to the extent of not more than three (3) times its assessed value at the time, may be destroyed, and the occupancy or use of such building structure or part thereof which existed at the time of such partial destruction may be continued or resumed provided that such restoration is started within a period of one year and is diligently prosecuted to completion. In the event such damage or destruction exceeds 3 times the assessed value of such nonconforming building or structure, no repairs or reconstruction shall be made, except in the case of residences or accessory farm buildings, unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone district in which it is located, as determined by the administrator.
   10. Damage or destruction of building or structure with non-conforming use.  If a Building or Structure that contains a Non-Conforming Use is destroyed fifty percent (50%) or more by fire or natural calamity, is voluntarily razed, or is required by law to be razed, the Non-Conforming Use shall not be resumed, and the Building or Structure shall not be restored unless it is restored to accommodate a conforming use within a complying Structure. If a Building or Structure that contains a Non-Conforming Use is damaged less than fifty percent (50%) by fire or natural calamity, the Non-Conforming Use may be resumed and the Building or Structure may be restored to its original condition, provided such work is started within six (6) months of such calamity, is completed within eighteen (18) months of work commencement, and the intensity of use is neither increased nor changed. The extent of damage or destruction shall be the ratio of the estimated cost of restoring the Building or Structure to its condition before the damage or destruction to the estimated cost of duplicating the entire Building or Structure as it existed prior to the damage or destruction. The estimate shall be based on the current issue of "Building Standards" published by the International Conference of Building Officials (I.C.B.O.).
   11. An application for substitution or extension of a nonconforming use may be made to the legislative body by the property owner or certified agent. The legislative body shall give consideration to the nature and condition of adjacent uses and structures and their inter-action with the nonconforming use or structure. The legislative body may deny the substitution or extension; may grant the substitution or extension as is; or may grant a permit subject to such requirements and conditions with respect to location, construction, maintenance, operation, and duration of the proposed use as it may deem necessary for the protection of adjacent properties. A public hearing may be held when deemed to be necessary or in the public interest by the legislative body.
2. ABANDONMENT 
   1. A Non-Conforming use that is discontinued for a continuous period of one (1) year is presumed abandoned and shall not thereafter be reestablished or resumed. Any subsequent use of the Building, Structure, or land must conform to the regulations for the Zoning District in which it is located.
3. REBUTTABLE PRESUMPTION OF ABANDONMENT. The presumption of abandonment may be rebutted upon a showing that during such period:
   1. Any period of discontinued use caused by governmental actions or an Act of God without any contributing fault by the Owner and the Owner did not intend to discontinue the use; or
   2. The Owner has been actively and continuously marketing the Building, Structure, or land for sale or lease with the use and the Owner has been maintaining the Building, Structure, or land in accordance with the Uniform Building Code; or
   3. The Owner can demonstrate no abandonment of the use.

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 said use.

1. CESSATION OF USE NONCONFORMING USE OF BUILDING. Except for residential or accessory farm structures, a building or structure which was originally designed for a nonconforming use shall not be put to a nonconforming use again when such use has ceased for one (1) year or more.
2. CESSATION OF USE OF NONCONFORMING USE OF LAND. A nonconforming use of land not involving any building or structure (except minor structures such as fences, signs, and buildings less than four hundred feet [400’] in area) shall not be resumed when such use has ceased for one (1) year or more. 

No Non-Complying Structure may be moved, enlarged, or altered, except in the manner provided in this Chapter or unless required by law.

1. Any Non-Complying Structure may be repaired, maintained, altered, or enlarged, provided that such repair, maintenance, alteration, or enlargement shall neither create any new non-compliance nor shall increase the degree of the existing non-compliance of all or any part of such Structure.
2. A Non-Complying Structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire Structure shall thereafter conform to the regulations of the Zone in which it will be located.
3. If a Non-Complying Structure is destroyed fifty percent (50%) or greater by fire or natural calamity, or is voluntarily razed or is required by law to be razed, the Structure shall not be restored unless it is restored to comply with the regulations of the Zone in which it is located. If a Non-Complying Structure is damaged less than fifty percent (50%) by fire or natural calamity, the Structure may be restored to its original condition, provided such work is started within six months of such calamity, completed within eighteen (18) months of work commencement, and the intensity of use is not increased. The extent of damage or destruction shall be the ratio of the estimated cost of restoring the Structure to its condition before the damage or destruction to the estimated cost of duplication the entire Structure as it existed prior to the damage or destruction. The estimate shall be based on the current issue of "Building Standards" published by the International Conference of Building Officials (I.C.B.O.).