17.04.040 Nonconforming uses.
The lawful use of any building, structure, land or sign in existence at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions of this title, may be continued subject to the limitations of this section.
A. Expansion – No existing building, structure or land devoted to a nonconforming use shall be expanded, enlarged, reconstructed, intensified or structurally altered unless the use thereof is changed to a use permitted in the zoning district in which the building, structure, or land is located.
B. Change – When authorized by the planning director, a nonconforming use may be changed to a use of a like nature or use that is more in conformance with the existing regulations.
C. Extension – When authorized by the planning director, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of the building became nonconforming, if no structural alterations except those required by law are made therein.
D. Discontinuance – When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of one year, such use shall be considered abandoned and lose its nonconforming status. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the one-year period of discontinuance.
E. Reversion – If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed.
F. Residential exception – Legally established residential uses located in any residential zoning district shall not be deemed nonconforming for the purposes of residential alteration, residential enlargement or residential expansion provided:
1. The residential use was legally established.
2. The residential use was established at least fifty-years prior to the adoption of this regulation.
3. The residential use has been continuous and has never lapsed for more than twelve consecutive months.
4. The residential use shall comply with the development standards of the underlying zone in which it is located.
5. A declaration of covenant between the property owner and the City of Cle Elum must be completed and executed prior to the issuance of a building permit, and shall be recorded with the Kittitas County Auditors Office, stating generally:
The current Residential use and proposed expansion, enlargement or alteration is not located within a residential zone and is therefore subject to noise, dust, vibration, smoke, activity, and the like associated with legally permitted uses in the zoning district. Legally permitted uses in compliance with Cle Elum Municipal Code in any zone have the right to continue without hindrance.