A legally nonconforming, regulated activity or structure that was in existence or approved or vested prior to the passage of the Critical Area Regulations, RMC 4-3-050, and to which significant economic resources have been committed pursuant to such approval but which is not in conformity with the provisions of RMC 4-3-050 may be continued; provided, that:

1. No such legal nonconforming activity or structure shall be expanded, changed, enlarged or altered in any way that infringes further on the critical area that increases the extent of its nonconformity with this Section without a permit issued pursuant to the provisions of RMC 4-3-050;

2. Except for cases of ongoing agricultural uses, if a nonconforming activity is discontinued pursuant to RMC 4-10-060, any resumption of the activity shall conform to this Section;

3. Except for cases of ongoing agricultural use, if a nonconforming use or activity or structure is destroyed by human activities or an act of God, it shall not be resumed or reconstructed except in conformity with the provisions of RMC 4-3-050, 4-10-050 and 4-10-060;

4. Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming activities. (Ord. 4963, 5-13-2002; Ord. 5137, 4-25-2005)