30.28.072 Nonconforming uses.
(1) Continuance. Any legally established nonconforming use may be continued subject to the provisions of this section.
(2) Changes. Nonconforming uses may only be changed to other uses that are allowed by this title in the zone within which the nonconforming use is located.
(3) Abandonment. If a nonconforming use is abandoned or discontinued for a period of 12 consecutive months or more, the nonconforming status of the use is terminated, and any future use of the land or structures shall be in conformity with the provisions of this title. The mere presence of a structure, equipment, or material shall not be deemed to constitute the continuance of a nonconforming use unless the structure, equipment, or material is actually being occupied or employed in maintaining such use.
(4) Expansion. A nonconforming use may be expanded upon approval of an administrative conditional use permit. The department may impose conditions upon the expansion of the use to minimize impacts and ensure compatibility with nearby existing and potential uses. A nonconforming use may be expanded if the department determines that the following criteria are met:
(a) The area proposed for expansion is contiguous to the nonconforming use;
(b) The area is held under the same ownership as the land with the nonconforming use and has been so owned since immediately prior to the time the use has become nonconforming;
(c) The area for expansion is an area where the use would have been allowed immediately prior to the time the use became nonconforming;
(d) The expansion shall not increase the ground area devoted to the nonconforming use by more than 100 percent of that in use at the effective date of the nonconformance, except that within the UC zone the expansion shall not increase the ground area devoted to the nonconforming use by more than 10 percent of that existing at the effective date of the nonconformance;
(e) The expansion shall not increase the ground area covered by the structural portion of the nonconforming use by more than 100 percent of that existing at the effective date of the nonconformance, except that within the UC zone the expansion shall not increase the ground area covered by the structural portion of the nonconforming use by more than 10 percent of that existing at the effective date of the nonconformance;
(f) The expansion shall not be approved if it is found to be detrimental to surrounding properties, or to the implementation of the adopted comprehensive land use plan for the area;
(g) The expansion shall not be granted if it would result in a significant increase in the intensity of the use of the nonconformity;
(h) Within the UC zone reconstruction of a destroyed nonconforming use is not permitted unless it complies with the requirements of chapter 30.34A SCC; and
(i) For purposes of this section "ground area" includes, but is not limited to, building footprint, paved surface parking, enclosed outdoor storage area, and enclosed outdoor service areas. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 13-007, Sept. 11, 2013, Eff date Oct. 3, 2013).