The purpose of this chapter is to provide for those circumstances, uses and lots which would not be consistent with regulations of this title but which enjoy rights of privilege based on their previous legal existence. The objective of this title and this chapter is to set the terms by which all nonconforming buildings, uses, and lots will ultimately be brought into compliance with the terms of this title as it is adopted and amended.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
All nonconformances in shoreline jurisdiction shall be subject to the provisions of this chapter. For nonconformance of use, structures and lots within shoreline critical areas, Chapter 17B.52, Critical Areas Regulations, and this chapter apply. When there is a conflict between this chapter and Chapter 17B.52 as applicable to critical areas, the more restrictive standards shall apply.
(Ord. 1427 § 3 (Exh. C) (part), 2019)
A. 
A use (including the building and land it occupies) which existed prior to the adoption of the ordinance codified in this title which would be permitted under the terms of this law as a conditional use is considered a conforming permitted use and requires no further action. If such a conditional use is expanded, it is required to comply with the requirements for obtaining conditional use permits.
B. 
All uses, buildings or lots which do not conform to the provisions of this title are considered nonconforming. Any such use, building or lot legally existing prior to the adoption of this law shall be allowed to continue as is provided by the regulations of this chapter.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming. Any future uses shall be in compliance with the use regulations of the district in which it exists.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
Ownership, tenancy, or management of an existing nonconforming use may be changed as long as the use is not altered. Change of character is allowed when a use is changed from nonconforming to conforming.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
Expansion of an existing nonconforming use or intensification of an existing nonconforming use within the confines of an existing structure or lot may only occur subject to the following conditions:
A. 
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.
B. 
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.
C. 
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; and
2. 
The proposed use will be at least as consistent with the policies and provisions of the Act and the master program and as compatible with the uses in the area as the preexisting use.
D. 
To ensure that the use will not become a nuisance or a hazard, the city may attach conditions to the permit as are deemed necessary to ensure compliance with the requirements of this title and the Shoreline Management Act.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
Nonconforming structures may be altered, repaired, enlarged, added to or moved only as allowed by this section.
A. 
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 continue as a legal nonconforming structure and may be maintained and repaired. Legal nonconforming residential structures and appurtenant structure shall be considered conforming structures, but are still eligible for the allowances provided in this section.
B. 
Nonconforming structures may be enlarged or expanded provided that said enlargement meets the applicable provisions of the master program. In the absence of other more specific regulations, proposed expansion shall not increase the extent of nonconformity by further encroaching upon or extending into areas where construction would not be allowed for new structures, unless a shoreline variance permit is obtained.
C. 
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.
D. 
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. 
In the absence of other more specific regulations, 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; and
2. 
The proposed use will be at least as consistent with the policies and provisions of the Act and the master program and as compatible with the uses in the area as the preexisting use.
3. 
In addition, such conditions may be attached to the permit as are deemed necessary to assure compliance with the above findings, the requirements of the master program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard.
F. 
A nonconforming structure which is moved any distance must be brought as closely as practicable into conformance with the applicable master program and the Act.
G. 
If a nonconforming development is damaged to an extent not exceeding seventy-five 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 two years of the date the damage occurred.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
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 Shoreline Management Act or the Mukilteo shoreline 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 and so long as such development conforms to all other requirements of this title.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
If a nonconforming development is damaged to an extent not exceeding seventy-five 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 six months of the date the damage occurred and all permits are obtained and the restoration is completed within two years of permit issuance. For the purposes of this section "damage" means property damage caused by earthquakes, landslides, floods, storms, accidental fires or other accidental causes beyond the control of the owner.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)
Whenever the owner of a nonconforming use, building or lot fails to discontinue or remove a nonconforming use consistent with the provisions of this title, the city shall take such action as may be necessary to abate the use. Such action shall include the following:
A. 
The code enforcement officer shall make a determination regarding the kind of violation, the length of time the use, building or lot has been in violation of this title and the date the nonconforming use was established;
B. 
Written notification shall be given the property owner and the occupant regarding the violation and the date the city intends to take action; and
C. 
Violations continuing past the date specified are subject to the penalties prescribed in Title 18.
(Ord. 1295 § 10 (Exh. 1B) (part), 2011; Ord. 1427 § 3 (Exh. C) (part), 2019)