A.
Purpose. The purpose of this article is to establish the legal status of nonconforming uses, structures and other site improvements in shoreline jurisdiction by creating provisions through which such uses, structures and other improvements may be established, maintained, and altered.
B.
Applicability.
1.
All nonconformances in shoreline jurisdiction shall be subject to the provisions of this article. For nonconformance of use, structures and lots within shoreline critical areas, NBMC § 14.05.160 applies. When there is a conflict between this article and critical area regulations as integrated by reference applicable to critical areas, the more restrictive standards shall apply.
3.
A change in the required permit review process (e.g., shoreline substantial development permit versus a shoreline conditional use permit) shall not create a nonconformance.
4.
Any nonconformance that is brought into conformance for any period of time shall forfeit status as nonconformance, except as specified in Chapter 18.30 NBMC.
5.
A nonconforming lot, use, or structure may be deemed legally nonconforming by providing documentation that the use in question occurred prior to the effective date of this SMP, from one of the following:
(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)