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.
2. 
The provisions of this article do not supersede or relieve a property owner from compliance with:
a. 
The requirements of the International Building and Fire Codes; or
b. 
The provisions of the SMP beyond the specific nonconformance addressed by this article.
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:
a. 
Local agency permit;
b. 
Orthophoto, aerial photo or planimetric mapping recognized as legitimate by the agency; or
c. 
Tax record.
(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)
A. 
If, at the effective date of this SMP and any amendment thereto, a lawful use of land exists that is made no longer permissible under the terms of this SMP or amendments thereto, such use may be continued as a nonconforming use so long as it remains otherwise lawful subject to the following conditions:
1. 
No nonconforming use shall be intensified, enlarged, increased or extended to occupy a greater area of land than was occupied on the effective date of this SMP or amendment that made the use no longer permissible; provided, that a nonconforming use may be enlarged, increased or extended in conformance with applicable bulk and dimensional standards of this SMP upon approval of a shoreline conditional use permit.
2. 
No nonconforming use shall be moved in whole or in part to any other portion of the lot which contains the nonconforming use.
3. 
If any nonconforming use of land ceases for any reason for a period of one year over a three-year period, any subsequent use of such land shall conform to the regulations specified by this SMP for the use environment in which such land is located.
4. 
A structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon a finding that:
a. 
No reasonable alternative conforming use is practical; and
b. 
The proposed use will be at least as consistent with the policies and provisions of the Act and the SMP and as compatible with the uses in the area as the preexisting use.
c. 
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 Act and to assure that the use will not become a nuisance or a hazard.
(Ord. 1476 § 2 (Exh. A (part)), 2012)
A. 
If, at the effective date of this SMP or any amendment thereto, a lawful structure or other improvement exists which is made no longer permissible under the terms of this SMP or amendment thereto, such structure or other improvement may be continued as a nonconforming structure or other improvement so long as it remains otherwise lawful, subject to the following conditions:
1. 
No nonconforming structure or other improvement shall be altered or changed in a way which increases its nonconformity except as allowed in subsection (A)(2) of this section.
2. 
Expansions of structures that are nonconforming with respect to a required shoreline buffer:
a. 
May not encroach any farther waterward into the required shoreline buffer.
b. 
Are limited to lateral extensions adding no more than 25 percent of the length of the original wall as it existed prior to SMP adoption, subject to other applicable requirements of this SMP, including mitigation sequencing, and city development regulations.
c. 
Any lateral enlargement of the building footprint within the shoreline buffer shall not exceed 25 percent of the gross floor area of the structure prior to the expansion. Enlargements upland of the existing building footprint are not limited.
d. 
Applicants for such expansions in subsection (2)(b) or (c) of this section shall restore a portion of the shoreline buffer with riparian vegetation at a 1:1 area ratio to offset the adverse impact, such that the shoreline buffer will function at an equivalent or higher level than the existing conditions. When such expansions occur upland of an existing levee, the applicant's critical areas report may justify a smaller ratio; provided, that the study demonstrates no net loss of ecological functions.
e. 
Greater expansions or alterations of a nonconforming structure require a shoreline variance.
3. 
Nothing in this section will prohibit vertical expansion up to the height allowed in the applicable use environment, provided all other applicable requirements of city development regulations are met.
4. 
Upkeep, repairs and maintenance of a nonconforming structure or other improvement shall be permitted.
B. 
Residential structures and appurtenant structures that were legally established and are used for a conforming use, but that do not meet standards for the following, shall be considered a conforming structure: setbacks, buffers, or yards; area; bulk; height; or density.
C. 
Redevelopment, expansion, change with the class of occupancy, or replacement of the residential structure shall be consistent with the master program, including requirements for no net loss of shoreline ecological functions.
D. 
For purposes of this section, "appurtenant structures" means garages, sheds, and other legally established structures. "Appurtenant structures" does not include bulkheads and other shoreline modifications or over-water structures.
(Ord. 1476 § 2 (Exh. A (part)), 2012)
A. 
This section only applies to nonconformities to this SMP.
B. 
A legal nonconforming structure may be maintained, repaired, renovated or structurally altered provided such maintenance, repair or alteration does not increase its nonconformity.
C. 
All expansion, extension, maintenance or repair activities of nonconforming structures or improvements shall be consistent with all other provisions of this code, provided the cumulative cost of such maintenance or repair within any 180-day period shall not exceed 50 percent of the assessed valuation of such building, structure, or land (as applicable) at the time such maintenance is completed.
D. 
A nonconforming structure or other improvement destroyed by fire or acts of nature may be repaired or reconstructed to the same or smaller nonconformity that existed at the time the structure was destroyed; provided, that:
1. 
The repair or reconstruction does not increase the previous nonconformity;
2. 
The building permit application for repair or reconstruction is submitted within 12 months of the occurrence of damage;
3. 
The number of off-street parking stalls are not reduced; and
4. 
Landscaping fully complies with applicable city requirements.
E. 
Should such structure or other improvement be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the use environment in which it is located. Conformance shall be required when:
1. 
A change of use is proposed;
2. 
The use is terminated or discontinued for more than one year, or the structure(s) that houses the use is vacated for more than one year; or
3. 
The structure(s) or activity that occurs on the land in which the use is conducted is proposed for relocation.
(Ord. 1476 § 2 (Exh. A (part)), 2012)