17.150.066 Change in nonconforming uses.
(1) Uses that were legally established and are nonconforming with regard to the use regulations of the master program may continue as legal nonconforming uses.
(2) Nonconforming uses shall not be enlarged or expanded, except upon approval of a conditional use permit.
(3) If a nonconforming use is discontinued for 12 consecutive months or for 12 months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming unless reestablishment of the use is authorized through a conditional use permit, which must be applied for within the two-year period. Water-dependent uses should not be considered discontinued when they are inactive due to dormancy, or where the use included phase or rotational operations as part of typical operations.
(4) A structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit. A conditional use permit may be approved only upon a finding that:
(a) No reasonable alternative conforming use is practical; and
(b) The proposed use will be at least as consistent with the policies and provisions of the Act and the master program and as compatible with the uses in the area as the preexisting use.
(c) Uses shall not become a nuisance or hazard to the general public and the surrounding neighborhood.
(d) Conditions may be attached to the permit as are deemed necessary to assure compliance with the requirements of the master program and Shoreline Management Act. (Ord. 1475 § 4 (Att. D), 2019; Ord. 1373 § 46, 2014).