40.460.250    Nonconforming Uses and Development

A.    Existing uses, structures and lots legally established prior to the effective date of this Program are allowed to continue. Where lawful uses, structures and lots exist that could not be established under the terms of this Program, such uses, structures and lots are deemed nonconforming and are subject to the provisions of this section, unless specific exceptions are provided for in Section 40.460.250(B).

(Amended: Ord. 2020-12-01)

B.    Nonconforming Uses.

1.    Additional development of any property on which a nonconforming use exists shall require that all new uses conform to this Program and the Act.

2.    Change of ownership, tenancy, or management of a nonconforming use shall not affect its nonconforming status; provided, that the use does not change or intensify.

3.    If a nonconforming use is converted to a conforming use, a nonconforming use may not be resumed.

4.    When the operation of a nonconforming use is vacated or abandoned for a period of twelve (12) consecutive months, the nonconforming use rights shall be deemed extinguished and the future use of such property shall be in accordance with the permitted and conditional use regulations of this Program.

5.    If a conforming building housing a nonconforming use is damaged by fire, flood, explosion, or other natural disaster and the damage is less than seventy-five percent (75%) of the replacement cost of the structure or development, such use may be resumed at the time the building is repaired; provided, such restoration shall be undertaken within twelve (12) months following said damage.

6.    Normal maintenance and repair of a structure housing a nonconforming use may be permitted provided all work is consistent with the provisions of Section 40.530.010 and this Program.

7.    Legally established floating homes and on-water residences are considered conforming uses, subject to the requirements in Section 40.460.630(K).

(Amended: Ord. 2015-12-12; Ord. 2020-12-01)

C.    Nonconforming Structures.

1.    A nonconforming building or structure may be maintained or repaired, provided such improvements do not extend or expand the nonconformity of such building or structure and are consistent with the provisions of this Program, unless required by other law or ordinance.

2.    If a nonconforming structure or development is damaged by fire, flood, explosion, or other natural disaster and the damage is less than seventy-five percent (75%) of the replacement cost of the structure or development, it may be restored or reconstructed to those configurations existing at the time of such damage, provided:

a.    The reconstructed or restored structure will not cause additional adverse effects to adjacent properties or to the shoreline environment;

b.    The rebuilt structure or portion of structure shall not expand the original footprint or height of the damaged structure;

c.    No degree of relocation shall occur, except to increase conformity or to increase ecological function, in which case the structure shall be located in the least environmentally damaging location possible;

d.    The submittal of applications for permits necessary to restore the development is initiated within twelve (12) months of the damage. The Shoreline Administrator may waive this requirement in situations with extenuating circumstances;

e.    The reconstruction is commenced within one (1) year of the issuance of permit;

f.    The Shoreline Administrator may allow a one (1) year extension provided consistent and substantial progress is being made; and

g.    Any residential structures, including multifamily structures, may be reconstructed up to the size, placement and density that existed prior to the damage, so long as other provisions of this Program are met.

(Amended: Ord. 2015-12-12; Ord. 2020-12-01)

D.    Nonconforming Lots.

    Legally established, nonconforming, undeveloped lots located landward of the ordinary high water mark are buildable; provided, that all new structures or additions to structures on any nonconforming lot must meet all setback, height and other construction requirements of the Program and the Act.

(Added: Ord. 2012-07-16; Ord. 2020-12-01)