Chapter 20.60
NONCONFORMING USES
Sections:
20.60.010 Nonconforming use and development.
20.60.020 Lawful permit applications prior to shoreline regulation changes.
20.60.010 Nonconforming use and development.
A. Legally Nonconforming Structures. Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards, area, bulk, height or density may be maintained and repaired and may be enlarged or expanded; provided, that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses.
1. Legally established residences and appurtenant structures located landward of the OHWM which are used for a conforming use, but do not meet the standards of this title are considered conforming structures, subject to RCW 90.58.620.
B. Legally Nonconforming Uses and Developments. Uses and developments that were legally established and are nonconforming with regard to the use regulations of this title may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded, except that nonconforming single-family residences that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173-27-040(2)(g) upon approval of a conditional use permit. Such single-family residences may not be expanded toward the shoreline but may be expanded landward of the existing structure, on either side of the existing structure, provided such expansion is secondary to the existing structure, or vertically expanded.
C. Legally Nonconforming Conditional Uses. A use which is listed as a conditional use but which existed prior to adoption of this title or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of this title to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use.
D. Variances. 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.
E. Change of Use. 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 conditional use permit may be approved only upon a finding that:
1. No reasonable alternative conforming use is practical;
2. The proposed use will be at least as consistent with the policies and provisions of the Act and this title and as compatible with the uses in the area as the preexisting use; and
3. In addition such conditions may be attached to the permit as are deemed necessary to ensure compliance with the above findings, the requirements of this title and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard.
F. Movement or Relocation of Nonconforming Structures. A nonconforming structure which is moved any distance must be brought into conformance with the applicable master program and the Act.
G. Damage or Destruction of Nonconforming Development. If a nonconforming development is damaged to an extent not exceeding 75 percent of the replacement cost of the original development, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged; provided, that application is made for the permits necessary to restore the development within one year of the date the damage occurred, all permits are obtained and the restoration is completed within two years of permit issuance.
H. If a nonconforming use is discontinued for 12 consecutive months or for 12 months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming.
I. An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high water mark which was established in accordance with local and state subdivision requirements prior to the effective date of the Act or the applicable master program but which does not conform to the present lot size standards may be developed if permitted by other land use regulations of the City of Ferndale and so long as such development conforms to all other requirements of the applicable master program and the Act. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.60.020 Lawful permit applications prior to shoreline regulation changes.
Applications submitted prior to shoreline regulation changes shall be processed and considered consistent with the regulations established per FMC 14.07.090 (Vesting of applications). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)