Uses, lots and structures rendered nonconforming by adoption of this title may continue to exist, subject to the provisions of this chapter. Signs rendered nonconforming by the provisions of this title shall be subject to Section 20.40.100. This chapter is not intended to encourage the continuance of nonconforming uses.

(Ord. 12463 § 21, 2001; Ord. 11398 § 3 (part), 1997: Ord. 1011 § 2, 1992: Ord. 6708 § 3 (part), 1980)

1.

For a period of five years following the date of final plat approval, lots in a final plat filed for record, regardless of whether the lots are in single and separate or contiguous ownership, may be developed for uses and densities approved for the lot at the time of final plat approval. As to development regulations other than use and density, the lot must be developed pursuant to the standards contained in this title, unless the director finds that the application of a given standard would result in an extreme and unreasonable building design or configuration.

2.

Legal lots, as defined under Section 18.04.045 of this code, not subject to the exception in subsection (1) of this section may be developed for uses and in the manner permitted by this title and amendments thereto even though the lot fails to meet lot area and width standards prescribed by this title for the lot. As to development regulations other than lot area and width standards, a lot must be developed pursuant to all such applicable development regulations.

(Ord. 13834 § 16, 2007: Ord. 11398 § 3 (part), 1997: Ord. 11025 § 32, 1995: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

1.

Nonconforming, nonresidential uses may be expanded as provided in subsections (2), (3), and (4) below, and all applicable special use standards described in Section 20.54.070. An intensification of use is permitted outright and occurs when the intensified use is contained within the existing structure, or use area if no structure is involved, and is not different in kind from the existing nonconforming use.

2.

Expansions of nonconforming, nonresidential uses no greater than five percent may be handled through the administrative special use permit process provided all other requirements of this chapter, including the findings under subsection (3) of this section, are met, pursuant to the application and review procedures prescribed in Chapter 20.60.

3.

A nonconforming, nonresidential use may be expanded up to fifteen percent if the hearing examiner issues a special use permit for the expansion of the nonconforming use, pursuant to the application and review procedures prescribed in Chapter 20.60. The percentage shall be cumulative, based on the extent of the use at the time of the initial expansion request following March 19, 2001. The examiner may issue the permit only after finding that:

a.

The expansion of the structure conforms to the requirements of this title, provided that the vertical enlargement of a structure which fails to conform to horizontal setback requirements need not conform to that setback requirement;

b.

Measures will be taken, if necessary, to protect the neighborhood from detrimental land use effects which might result from the expansion of the nonconforming use;

c.

The expansion will occur on the same lot upon which the existing nonconforming use is located;

d.

A nonconformance will not be created with other standards that conform to the development regulations elsewhere in this title;

4.

Expansions of nonconforming, nonresidential uses involving critical areas shall be subject to the provisions of the Thurston County Critical Areas Ordinance (Title 24) and the Thurston County Agricultural Activities Critical Areas Ordinance (Chapter 17.15).

(Ord. 12463 § 22, 2001: Ord. 11398 § 3 (part), 1997: Ord. 11025 §§ 33, 1995: Ord. 8216 § 109, 1985: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012; Ord. No. 14961, § 3(Att. C), 12-17-2013)

1.

Alteration of a nonconforming residence is permitted within the existing building footprint, which includes attached decks, porches, or patios.

2.

No expansion of or vertical addition to the nonconforming portion of the structure is permitted.

3.

If only a portion of the structure is nonconforming (e.g., lies within a required setback), expansion of the conforming portion of the structure is permitted provided the expansion does not extend into the nonconforming setback or direction.

4.

Enclosing existing, nonconforming decks, porches, or patios for use as livable space is not permitted, unless the deck, porch, or patio is already covered by an existing, permanent roof structure as determined by the approval authority.

5.

Total replacement of a nonconforming structure or nonconforming portion of a structure is not permitted (unless provided for under Sections 20.56.040, 20.56.050, or 20.56.070), except by administrative variance, and then only within the existing building footprint.

6.

Measures will be taken, if necessary, to protect the neighborhood from detrimental land use effects that might result from the alteration of the nonconforming residence.

(Ord. 12463 § 23, 2001)

1.

A nonconforming use of a structure or premises which has been vacated for three years shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered vacated if the use has not been maintained in the manner which is customary for the use.

2.

Nonconforming mobile/manufactured homes, located on a lot with an existing single-family dwelling, may be replaced within one year of removal if all Thurston County Sanitary Code requirements are met.

(Ord. 11804 § 105, 1998: Ord. 11398 § 3 (part), 1997: Ord. 11025 § 34, 1995: Ord. 10184, 1992: Ord. 6708 § 3 (part), 1980)

A nonconforming structure which is damaged or destroyed by accident, fire, explosion, act of God or public enemy may be restored and used for the nonconforming use in existence at the time of destruction provided that:

1.

The structure may be restored or rebuilt in a nonconforming manner to the same extent that, but no more than, the pre-existing structure was nonconforming.

2.

The building permit application for repair or reconstruction is submitted within twelve months of the occurrence of damage or destruction.

(Ord. 11398 § 3 (part), 1997: Ord. 11025 § 35, 1995: Ord. 6708 § 3 (part), 1980)

A nonconforming use may be converted to another nonconforming use if the hearing examiner issues a special use permit for the conversion, pursuant to the application and review procedures prescribed in Chapter 20.60. The examiner may issue the permit only after finding that:

1.

The structure housing the existing nonconforming use cannot be used for any of the permitted uses because of its particular design.

2.

The proposed use will be as compatible with the permitted uses of the use district as the existing nonconforming use.

3.

Measures will be taken, if necessary, to protect the neighborhood from detrimental land use effects which might result from the conversion of the nonconforming use.

(Ord. 11398 § 3 (part), 1997: Ord. 8216 § 110, 1985: Ord. 6708 § 3 (part), 1980)

1.

A nonconforming structure may be physically repaired and maintained as needed to ensure safety and compatibility with its neighborhood. Maintenance or repair may not increase the area, height, or degree of nonconformity.

2.

A mobile or manufactured home with nonconforming placement may be replaced with a new or improved mobile or manufactured home, subject to the requirements of this subsection and other applicable county ordinances.

3.

All applicable building, health and septic permits must be obtained prior to commencing work that would require such a permit.

(Ord. 12463 § 24, 2001: Ord. 12290 § 5, 2000: Ord. 11398 § 3 (part), 1997: Ord. 11025 § 36, 1995)

Any nonconforming use or structure that is brought into conformance for any period of time shall permanently forfeit status as a nonconformance.

(Ord. 11398 § 3 (part), 1997: Ord. 11025 § 37, 1995)

Any use, structure or site improvement not established in compliance with use and development standards in effect at the time of establishment shall be deemed illegal and shall be discontinued or terminated and subject to removal.

(Ord. 11398 § 3 (part), 1997: Ord. 11025 § 38, 1995)