4-10-095 SHORELINE MASTER PROGRAM, NONCONFORMING USES, ACTIVITIES, STRUCTURES, AND SITES:
A shoreline use or development which was lawfully constructed or established prior to the effective date of the applicable Shoreline Master Program, or amendments thereto, but which does not conform to present regulations or standards of the program, may be continued; provided, that:
A. NONCONFORMING STRUCTURES:
Nonconforming structures with shoreline jurisdiction shall be governed by this Section with the exception of docks and piers, which shall be governed by RMC 4-3-090E7, Piers and Docks, and shoreline stabilization structures, which shall be governed by RMC 4-3-090F4, Shoreline Stabilization.
B. NONCONFORMING USES:
Nonconforming uses within shoreline jurisdiction shall be governed by RMC 4-10-060, except where superseded by Subsection E or F of this Section.
C. NONCONFORMING SITE:
Nonconforming sites within the shoreline jurisdiction shall be governed by this Section.
D. RESERVED:
E. CONTINUATION OF USE:
The continuation of existing use and activities does not require prior review or approval. Operation, maintenance, or repair of existing legally established structures, infrastructure improvements, utilities, public or private roads, or drainage systems that do not require construction permits are allowed. Such improvements are only allowed if the activity does not modify the character, scope, or size of the original structure or facility or increase the impact to, or encroach further within, the sensitive area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Operation and maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the sensitive area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species.
F. PARTIAL AND FULL COMPLIANCE, ALTERATION OF AN EXISTING STRUCTURE OR SITE:
This Section is applied to lawfully established uses, buildings and/or structures, and related site development that do not meet the specific standards of the Shoreline Master Program, including but not limited to maximum building coverage and impervious area, building setbacks, and vegetation conservation buffers. Alteration of existing structures or impervious areas may take place with partial compliance with the standards of this Code, as provided below, provided that: the proposed alteration will result in no net loss of shoreline ecological function; and developable portions of lots shall not be subject to flooding or require structural flood hazard reduction measures within a channel migration zone or floodway to support intended development during the life of the development or use. In no case shall a structure extending into a shoreline buffer or setback be allowed to extend further waterward than the existing structure. Alterations of existing structures or developed sites shall not result in or increase any nonconforming condition unless permitted by this Section.
1. Partial Compliance for Non-Single-Family Development: The following provisions shall apply to all development except single family:
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Alteration of an Existing Structure Footprint and/or Impervious Surface(s) |
Compliance Standard |
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Alteration |
Expansion that does not change the building footprint or increase impervious surface. |
No site changes required. |
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Minor Alteration |
Expansion of building footprint by up to 500 sq. ft. or up to 10% (whichever is less); or |
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Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: |
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Expansion of impervious surface by up to 1,000 sq. ft. or up to 10% (whichever is less). |
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Partial compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 50% of the area between an existing building and the water’s edge; provided, that the area to be revegetated does not exceed 10 ft., unless a greater area is desired by the applicant, or |
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An alternate mitigation proposal prepared by a qualified professional and approved by Administrator that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. |
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Remove over water structures that do not provide public access, or do not serve a water-dependent use. |
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Moderate Alteration |
Expansion of building footprint by more than 500 sq. ft. or between 10.1-25% (whichever is less); or |
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Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: |
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Expansion of impervious surface by more than 1,000 sq. ft., or between 10.1-25% (whichever is less). |
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Partial compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 80% of the area between an existing building and the water’s edge, or at least 10 ft., or |
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An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. |
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Remove over water structures that do not provide public access, or do not serve a water-dependent use. |
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Piers and docks shall be required to replace any solid decking with light penetrating surfacing materials. |
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Major Alteration |
Expansion of building footprint by more than 25%; or |
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Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: |
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Expansion of impervious surface by more than 25%. |
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Full compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of the full required* buffer, or 100% of the area between an existing building and the water’s edge if the full buffer cannot be planted, or at least 10 ft., or |
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An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. |
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Remove over water structures that do not provide public access, or do not serve a water-dependent use. |
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Piers and docks shall be required to replace any solid decking with light penetrating surfacing materials. |
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Developments with existing shoreline stabilization shall mitigate for the impacts of shoreline stabilization in one of the following ways: |
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Shoreline stabilization structures not conforming to, or otherwise permitted by, the provisions of this Code shall be reviewed and upgraded according to the standards of RMC 4-3-090F4aiii, Shoreline Stabilization Alternatives Hierarchy, or |
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An alternative mitigation proposal prepared by a qualified professional and approved by the Administrator that would identify near shore mitigation to improve shoreline function or values on-site, or |
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If the two alternatives above are infeasible, then the project proponent shall contribute to an off-site vegetation conservation fund, in accordance with RMC 4-3-090F1k. |
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*The full buffer and setback as required in RMC 4-3-090D7a, Shoreline Bulk Standards, or as modified under RMC 4-3-090F1, Vegetation Conservation.
2. Partial Compliance for Single Family Development: Lawfully constructed single family homes, their appurtenances, and impervious area built or installed before the adoption of the Shoreline Master Program (October 24, 2011) shall be considered conforming if alteration is consistent with the compliance standards below:
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Alteration of an Existing Structure Footprint and/or Impervious Surface(s) |
Compliance Standard |
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Alteration |
Alteration or replacement that does not change the building footprint or increase impervious surface. |
No site changes required. |
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Minor Alteration |
Alteration or replacement that expands the building footprint by up to 500 sq. ft. outside of the required* setback and buffer; or |
No site changes required. |
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Alteration or replacement that expands the impervious surface by up to 1,000 sq. ft. outside of the required* setback and buffer. |
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Moderate Alteration |
Alteration or replacement that expands the building footprint: • within the required* setback or buffer in any amount; or • total expansion of 500 sq. ft. to 1,000 sq. ft.; or Alteration of replacement that expands impervious surface: • within the required* setback or buffer in any amount; • or total expansion of 1,000 sq. ft. to 1,500 sq. ft.
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Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: |
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Partial compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 80% of the area between an existing building and the water’s edge; provided, that the area to be revegetated need not be more than 25% of the lot depth in feet, or |
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An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. |
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Major Alteration |
Alteration or replacement that expands the building footprint by more than 1,000 sq. ft., or |
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Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: |
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Alteration of replacement that expands impervious surface by more than 1,500 sq. ft. |
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Full compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of the full required* buffer, or 100% of the area between an existing building and the water’s edge if the full buffer cannot be planted, or |
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An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. |
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*The full buffer/setback as required in RMC 4-3-090D7a, Shoreline Bulk Standards, or as modified under RMC 4-3-090F1, Vegetation Conservation.
(Ord. 5633, 10-24-2011; Ord. 5976, 8-3-2020)