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The following requirements apply to uses or structures nonconforming to the shoreline regulations in this chapter, which do not meet the criteria in SCC 30.44.125 and which were lawfully constructed or established prior to the effective date of the Shoreline Management Act (SMA) or the SMP, or amendments thereto, but which do not conform to present regulations or standards of the SMP or policies of the SMA. These provisions apply to nonconforming uses or structures in the shoreline jurisdiction in place of SCC 30.28.070 through 30.28.075 and WAC 173-27-080.

(1) Residential. Residential uses or structures (excluding bulkheads, overwater structures or other shoreline modifications) that were legally established and are used for a conforming use, but that do not meet current standards for setbacks, buffers or yards, area, bulk, height or density shall be considered a conforming use or structure and the requirements of this section shall not apply to such residential uses or structures. Redevelopment, expansion, maintenance, repair, replacement or remodeling of such residential uses or structures shall be consistent with this SMP, including requirements for no net loss of shoreline ecological functions. Floating homes permitted or legally established prior to January 1, 2011, are considered conforming uses and the requirements of this section shall not apply to such floating homes.

(2) Continuance. Any legally established use or structure nonconforming to the shoreline regulations in this chapter is permitted to remain in the form and location in which it existed on the effective date of the nonconformance.

(3) Redevelopment or remodel. SMP nonconforming uses or structures may not be enlarged or increased in any way, including expanded building footprint or increased height, increased use intensity, or altered in any way which increases their nonconformity. A nonconforming structure or use may be moved or relocated on the same parcel provided that the degree of nonconformance with the SMP and the SMA is reduced and further provided that the move or relocation results in improved protection for shoreline ecological functions.

(4) Restoration and replacement. If a nonconforming structure is damaged to an extent not exceeding 75 percent of the replacement cost of the original structure, it may be reconstructed to the extent it existed immediately prior to the time the structure was damaged or to a smaller configuration or in a different location on the same parcel which reduces the degree of nonconformity, so long as restoration is completed within one year of the date of damage. Documentation of the date and extent of damage shall be required prior to issuance of new permits.

(5) Abandonment. If a nonconforming use is discontinued for 12 consecutive months, any subsequent use shall be conforming. 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. It shall not be necessary to show that the owner of the property intended to abandon such nonconforming use in order for the nonconforming rights to expire.

(6) Non-conforming uses and structures which meet the criteria in SCC 30.44.125 are subject to the shoreline substantial development permit requirements in chapter 30.44 SCC.

(7) A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities.

(8) 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) A conditional use permit may be approved only upon a finding that:

(i) No reasonable alternative conforming use is practical; and

(ii) The proposed use will be at least as consistent with the policies and provisions of the act and the SMP and as compatible with the uses in the area as the preexisting use.

(b) In addition such conditions may be attached to the permit as are deemed necessary to assure compliance with the findings in subsection (8)(a) of this section, the requirements of the SMP and the SMA and to assure that the use will not become a nuisance or a hazard. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012; Amended by Amended Ord. 19-020, July 3, 2019, Eff date Oct. 14, 2019).