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"Pre-existing nonconforming development" means a use or structure which was lawfully constructed, approved or established prior to the effective date of the ordinance codified in this chapter but which does not conform to present regulations or standards of this chapter. The following rules govern nonconforming uses:

(1) A nonconforming development may be continued provided that it is not enlarged, intensified, increased or altered in any way which increases its nonconformity.

(2) If a nonconforming development has been discontinued for a period of 12 consecutive months, new alterations to the structure or use shall conform to the regulations and standards of this chapter.

(3) If a nonconforming development is discontinued for 12 consecutive months, or for 12 months during any two-year period, any subsequent development shall conform to the regulations and standards of this chapter. It is not necessary to show that the property owner intends to abandon the nonconforming development in order for the nonconforming rights to expire.

(4) A nonconforming development cannot be changed to another nonconforming development, regardless of the conforming or nonconforming status of the structure in which it is located.

(5) Structures in existence on the date the ordinance codified in this chapter become effective and that do not meet the requirements of this chapter for wetlands, streams, or steep slope hazards may be remodeled or reconstructed; provided, that the new construction or related activity does not further intrude into a stream, wetland, or steep slope or other critical area and is subject to the standards set forth in CMC 14.15.170(4) for substantial development in any area of special flood hazard.

(6) If any nonconforming development is destroyed by fire, flood, windstorm or other natural disaster, it may be restored to its pre-existing condition. If destruction is the result of a flood, any reconstruction shall comply with the standards contained in CMC 14.15.170(4). (Ord. 433 § 13, 2002)