A. 
The lawfully established use of any building, structure, land, or premises existing or authorized under a permit or approval issued prior to the effective date of initial adoption of this program (August 27, 1976) or any applicable amendment thereafter, but which does not conform to present use regulations due to subsequent changes to the master program, shall be considered legally nonconforming and may be continued, subject to the provisions of this section; provided, that agricultural activities shall conform to Chapter 16.16 WCC, Article 8 (Conservation Program on Agricultural Lands (CPAL)).
B. 
The expansion, alteration, and/or intensification of a nonconforming use is prohibited.
C. 
An existing use designated as a shoreline conditional use under present use regulations that lawfully existed prior to the effective date of the initial adoption of this program (August 27, 1976) or any applicable amendment thereafter and that has not obtained a shoreline conditional use permit shall be considered a legal use and may be continued subject to the provisions of this section without obtaining a shoreline conditional use permit.
D. 
Other than agricultural uses complying with WCC § 16.16.800, if a use is discontinued for a period of 12 consecutive months or more, then any subsequent use, if allowed, shall be consistent with the provisions of this program and the Act.
E. 
The change of a nonconforming use to another type of nonconforming use is prohibited.
(Ord. 2024-047 § 2 (Exh. D))
A. 
A lawfully established structure existing or authorized under a permit or approval issued prior to the effective date of initial adoption of this program (August 27, 1976) or any applicable amendment thereafter, but is no longer fully consistent with present regulations due to subsequent changes to the master program, shall be considered legally nonconforming and may be continued, subject to the provisions of this section; provided, that:
1. 
Shoreline stabilization structures shall conform to WCC § 23.40.190 (Shoreline stabilization).
2. 
When maintenance and repair of a nonconforming structure has lapsed such that the structure or activity area is not in a usable condition, the structure or activity shall be considered to be abandoned or derelict and may no longer be continued.
3. 
For structures where the ordinary high water mark establishes landward of the structure, this structure shall be considered to be abandoned or derelict and may no longer be continued.
4. 
Non-overwater nonconforming structures may be maintained, repaired, renovated, or remodeled to the extent that nonconformance with the standards and regulations of this program is not increased; provided, that a nonconforming structure that is moved any distance must be brought into conformance with this program and the Act, except as provided in subsections C and D of this section.
5. 
Overwater nonconforming structures may be maintained or repaired to the extent that nonconformance with the standards and regulations of this program is not increased; provided, that when replacement is the common method of repair, the replaced components shall meet the construction and materials standards of WCC § 23.40.150 (Moorage structures).
B. 
Nonconforming structures (including accessory structures) that are damaged or destroyed by fire, explosion, flood, or other casualty may be restored or replaced in kind; provided, that:
1. 
Intentional demolition or removal is not a casualty.
2. 
Damaged or destroyed nonconforming structures containing conforming uses that are located within a geologically hazardous area or frequently flooded area shall be reconstructed consistent with the requirements of Chapter 16.16 WCC, Article 3 (Geologically Hazardous Areas) and Article 4 (Frequently Flooded Areas); provided, that the permit process is commenced within 18 months of the date of such damage; and the reconstruction does not expand, enlarge, or otherwise increase the nonconformity, except as provided for in this section.
3. 
Damaged or destroyed nonconforming structures containing nonconforming uses can be replaced in kind if:
a. 
There is no feasible alternative that allows for compliance with the provisions of this program;
b. 
The structure is reconstructed consistent with the requirements of Chapter 16.16 WCC, Article 3 (Geologically Hazardous Areas) and Article 4 (Frequently Flooded Areas);
c. 
The permit process is commenced within 12 months of the date of such damage; and
d. 
The reconstruction does not expand, enlarge, or otherwise increase the nonconformity.
C. 
Nonconforming structures that do not meet the criteria of subsection (A)(2) of this section but are intentionally demolished or removed with a valid demolition permit may be replaced with the same bulk dimensions; provided, that:
1. 
The permit process is commenced within 12 months of the date of such demolition or removal; and
2. 
Such structures that are located within a geologically hazardous area or frequently flooded area shall be reconstructed consistent with the requirements of Chapter 16.16 WCC, Article 3 (Geologically Hazardous Areas) and Article 4 (Frequently Flooded Areas).
D. 
Replacement of any nonconforming structures or buildings or portions thereof within the aquatic shoreline environment shall comply with program requirements for construction design and materials; provided, that replacement of existing wood pilings with chemically treated wood is allowed for maintenance purposes where use of a different material such as steel or concrete would result in unreasonable or unsafe structural complications; further provided, that where such replacement exceeds 20 percent of the existing pilings over a 10-year period, such pilings shall conform to the standard provisions of this section.
E. 
Other than for single-family residences and their appurtenances, nonconforming structures shall not be altered, enlarged, or expanded without a variance unless such alteration, enlargement or expansion would bring the structure into conformance with this program and the Act; provided, that nonconforming structures with conforming uses may be enlarged or expanded as a shoreline conditional use pursuant to WCC Title 22 (Land Use and Development) when the following criteria are met:
1. 
The enlargement or expansion is within the existing building footprint;
2. 
The enlargement or expansion is in conformance with the bulk dimensional standards; and
3. 
Public access is provided and/or the shoreline environment is enhanced.
F. 
Single-Family Residences Nonconforming to the Shoreline (Critical Area) Buffer.
1. 
Enlargement or expansion of a primary single-family structure may be approved when either of the following is met:
a. 
When the vertical expansion or enlargement is within the existing building footprint and is in conformance with the bulk dimensional standards; or
b. 
When the enlargement or expansion meets all of the following:
i. 
The enlargement or expansion will not extend waterward of the building footprint of the existing primary structure.
ii. 
The enlargement or expansion is consistent with the constrained lot provisions in WCC § 23.40.170(B) (Standards for Single-Family Residential Use on Constrained Lots).
iii. 
The enlargement or expansion is not within a critical area or critical area buffer in a manner inconsistent with this program.
iv. 
The enlargement or expansion is in conformance with the bulk dimensional standards.
2. 
The enlargement or expansion of single-family residences or normal appurtenances greater than the constrained lot provisions of WCC § 23.40.170(B) may be approved once during the life of the structure (100 years); provided, that the following conditions are met:
a. 
The existing structure must be located landward of the ordinary high water mark.
b. 
Building footprint enlargement or expansion:
i. 
Shall not increase the total building footprint by more than 500 square feet.
ii. 
Shall be landward or lateral of the existing footprint.
iii. 
Shall occur on a previously impacted impervious surface.
iv. 
Shall not occur waterward of the common line setback as follows:
(A) 
Where there are legally established single-family residential primary structures within 50 feet on both sides of the proposed residence, the setback shall be determined as the greater of either:
(1) 
A common line drawn between the nearest corners of the foundation closest to the side yard property line of the proposed residence to each adjacent residence; or
(2) 
A common line calculated by the average of both adjacent residences' existing setbacks.
(B) 
Where there is a legally established single-family residential primary structure within 50 feet on only one side of the proposed residence, the common line setback shall be determined as the greater of either:
(1) 
A common line drawn between nearest corner of the foundation closest to the side yard property line of the proposed residence to the adjacent residence and the nearest point of the standard buffer on the adjacent vacant lot; or
(2) 
A common line calculated by the average of the adjacent residence's setback and the standard buffer for the adjacent vacant lot.
v. 
Shall be accompanied by enhancement of an area equivalent to the enlargement or expansion if the total building footprint increases by more than 250 square feet. If enhanced through planting, the director shall require a vegetation management plan consistent with WCC § 23.30.040 (Vegetation management).
c. 
The property has not previously received a shoreline exemption under the provisions for a nonconforming or constrained lot.
G. 
Redevelopment of nonconforming rights-of-way and associated transportation structures, such as railroad trestles, may be permitted for purposes of facilitating the development of public trails and/or public shoreline access; provided, that such redevelopment shall be otherwise consistent with the provisions of this program, including but not limited to the provisions for public access and no net loss of shoreline ecological functions and processes, except as provided for in this section.
(Ord. 2024-047 § 2 (Exh. D))
A lawfully established lot existing or authorized under a permit or approval issued prior to the effective date of initial adoption of this program (August 27, 1976) or any applicable amendment thereafter, but which does not conform to present lot standards, shall be considered a legally nonconforming lot and may be developed subject to the provisions of this program.
(Ord. 2024-047 § 2 (Exh. D))