A legal preexisting lot may be used for single-family dwellings, customary accessory buildings (including dwelling units), preexisting uses, and agriculture and forestry where those uses are allowed by the zone in which the lot is located. Legal preexisting lots which do not meet lot area and width requirements may not be reduced in size by use of the boundary line adjustment process (OCC 16.04.080), providing the lot meets current health district requirements for water and sewer. (Ord. 2024-5 (Att. A), 2024).

Where lawful use of land within a zoning district exists at the effective date of adoption of this code, which is not permissible under the terms of this code, such use may be continued so long as it remains otherwise lawful. A legal preexisting use which is discontinued for three consecutive years shall be considered abandoned in accordance with this chapter. (Ord. 2024-5 (Att. A), 2024).

Where a lawful structure exists at the effective date of adoption of this code that could not be built under the terms of this code, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A. A structure may be enlarged or altered so long as the alteration does not make the structure more out of compliance with this title. For example, if a structure is located 15 feet from a property line which requires a 25-foot setback, then the addition may be constructed at 15 feet from the property line.

B. Should such a structure be destroyed by any means, in whole or in part, it may be replaced, or repaired, along existing foundation lines within three years; otherwise, it shall be considered abandoned in accordance with this chapter.

1. Similar manufactured homes vary in size and shape. Therefore, manufactured homes may be replaced by similar manufactured homes along a similar footprint. Example: a single-wide may be replaced with a different sized single-wide so long as it is placed in the same location, although it may follow a slightly different foundation line.

C. Should such structure be moved any distance for any reason whatever, it shall thereafter have to comply with the general regulations for the district in which it is located after it is moved.

D. For nightly rentals located within the boundary of the Methow Valley more completely planned area as designated by the Okanogan County comprehensive plan, structures used as a nightly rental, but which have not been permitted as nightly rentals before January 1, 2021, must comply with Chapter 17.270 OCC, Nightly Rentals. (Ord. 2024-5 (Att. A), 2024).

Any legal preexisting use or nonconforming structure which is abandoned and/or discontinued for three consecutive years shall not be continued or reconstructed except in conformity with the provisions of this code.

A. Abandoned legal preexisting uses and buildings may be subject to the abatement provisions of this code (see OCC 17.360.030).

B. When determining whether a use or structure has been abandoned, the administrator shall determine whether:

1. Substantial progress has been made to use the structure or continue the use in a reasonable manner and time frame; or

2. The use or structure is a verified nuisance;

3. The use or structure presents a detriment to public health, safety, or general welfare. (Ord. 2024-5 (Att. A), 2024).

Nothing in this code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety. (Ord. 2024-5 (Att. A), 2024).