An established use or existing structure that was lawfully permitted prior to adoption of the ordinance codified in this chapter, but which is not in compliance with this chapter, shall be processed under this article and not under Chapter 17.155 LCC. The nonconforming activity may continue subject to the following:
(1) 
Nonconforming uses shall not be expanded or changed in any way that increases the nonconformity without a permit or other approval issued pursuant to the provisions of this chapter.
(2) 
Existing structures, including roads, trails, utilities and other infrastructure, shall not be expanded or altered in any manner which will increase the nonconformity without a permit or other approval that is issued pursuant to the provisions of this chapter.
(3) 
Activities or Uses Which Are Abandoned. Uses discontinued for 36 months shall be presumed to be abandoned, though such presumption may be rebutted. Abandoned uses or structures are allowed to resume only if in compliance with this chapter.
(4) 
Nonconforming structures, including roads, trails, utilities and other infrastructure, destroyed by fire, explosion, or other disaster may be replaced or restored if reconstruction of the same facility is commenced within 24 months of such damage. Reconstruction or restoration shall not serve to expand, enlarge, or increase the extent of the nonconformity, except as provided in subsection (2) of this section.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
Permit applicants who are unable to comply with the specific standards of this chapter may seek approval pursuant to the reasonable use or variance standards and procedures provided for in this section. Approval may be granted if the proponent demonstrates that the application of the standards of this chapter would constitute an extraordinary hardship for the proposal, and the following reasonable use or variance standards are met:
(1) 
Reasonable Use Standard. This chapter is not intended to preclude all reasonable economic use of a property. If the application of this chapter would deny all reasonable economic use of a subject property, including agricultural use, a use or development shall be allowed if the applicant submits a report, prepared by a qualified professional, that demonstrates the following to the satisfaction of the administrator:
(a) 
That there is no portion of the site where the provisions of this chapter allow reasonable economic use, including agricultural use or the continuation of legal nonconforming uses;
(b) 
That there is no feasible alternative to the proposed activities, including locating the activity on a contiguous parcel that has been under the ownership or control of the applicant since the effective date of the ordinance codified in this chapter, changing the use, reducing the density, phasing the project implementation, changing the timing of activities, revising road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to the critical area and its related buffer;
(c) 
That the proposed activities will result in the minimum feasible alteration or impairment to the critical area's functional characteristics and existing environment;
(d) 
That the disturbance of critical areas has been minimized by locating any necessary alteration as far as possible from critical areas and the project employs all reasonable methods to avoid or mitigate adverse effects on critical area functions and values, including maintaining existing topography and hydrology and maintaining or enhancing existing vegetation through site planning including the location of a road or driveway. Disturbances or activities shall be located in a related buffer rather than a critical area to the extent possible;
(e) 
That the proposed activities will not jeopardize the continued existence of habitats or species listed by the federal or state government as endangered, threatened, or sensitive;
(f) 
That the proposed activities will not significantly affect the quality of ground or surface water;
(g) 
That the proposed activities will comply with all federal, state, and local laws and regulations, including those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal;
(h) 
That any and all alterations to critical areas and their related buffers will be mitigated as required by the provisions of this chapter;
(i) 
That there will be no injury to nearby public or private property and no significant effect upon the health, safety, or welfare of persons within or outside of the property; and
(j) 
That the inability to derive reasonable economic use of the property is not the result of deliberate actions by the applicant or prior owners after the effective date of the ordinance codified in this chapter.
(2) 
Reasonable Use Process.
(a) 
The director may approve a single-family dwelling, on property that is under one ownership as of the effective date of the ordinance codified in this chapter, as part of Type I permit (per Chapter 17.05 LCC).
(b) 
Other requests for reasonable use permits shall be processed in accordance with the permit review type for the underlying permit application.
(3) 
Variance Standards. In cases where the reasonable use criteria do not apply, an individual may seek a variance from the other standards of this chapter. The variance may be approved when an applicant submits a report that has been prepared by a qualified professional and complies with the procedures and criteria in Chapter 17.162 LCC.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
(1) 
Standards for Wetlands, Fish and Wildlife Habitat Areas, and Geologically Hazardous Areas, Except for Seismic Hazards and Volcanic Hazards.
(a) 
Land Division. Where a land division is proposed for a site with a critical area and/or its buffer, the development shall be designed to avoid the need to impact the features.
(i) 
Land that is located wholly within a wetland, stream, aquatic habitat, and/or related buffer may not be subdivided.
(ii) 
Land that is located partially within a wetland, stream, aquatic habitat, and/or buffer may be subdivided if, as part of the short plat or subdivision application, the applicant demonstrates that:
(A) 
Each lot meets the minimum lot size requirements applicable to that zone; and
(B) 
Each lot contains sufficient developable area to accommodate the allowed use(s) in that zone, including required facilities and site amenities outside of the critical area and its buffer. Potential facilities and site amenities to consider include, but are not limited to: the location of the well and the buffer for the well, the septic system and required drainfields, the building, vehicular access, and any needed parking facilities.
(iii) 
Each lot created through a land division must contain sufficient developable area to accommodate all required facilities and site amenities for the property outside of the critical area and its buffers, unless methods to mitigate the impacts to the buffers are identified. Potential facilities and site amenities to consider include, but are not limited to: the location of the well and the buffer for the well, the minimum land area for septic systems and required drainfields pursuant to WAC 246-272A-0320, the building, vehicular access, and any needed parking facilities.
(iv) 
Clustering may be used as a means to group development sites away from critical areas and their buffers.
(b) 
Easements or Tracts. Prior to the final approval of any land division, the part of the critical area and required buffer that is located on the site shall be protected by clearly indicating the boundary of the critical area and its buffer with appropriate fencing and signage and placing a restriction on the use of the area. Type of signage, and/or where necessary, fencing, to be considered within the subdivision review based on recommendations in the critical areas report and site-specific conditions. Critical areas may be:
(i) 
Noted on the face of a plat with a description of the restriction of the use of the area;
(ii) 
Covered by a protective easement, or public or private land trust dedication;
(iii) 
Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as designation of a separate tract or tracts as determined by the administrator or hearing examiner.
(2) 
Standards for Frequently Flooded Areas.
(a) 
Compliance With Flood Standards. All land divisions in frequently flooded areas shall be designed in accordance with LCC § 15.35.230.
(3) 
Standards for Critical Aquifer Recharge Areas.
(a) 
All land divisions in critical aquifer recharge areas shall meet the relevant requirements in Article V of this chapter.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
(1) 
To protect vegetation and other critical area features, buildings and other structures shall be set back a minimum of 15 feet from the edge of the critical area buffer, or from the edge of a critical area where no buffer is required. This provision shall only apply to features in or near wetlands, wildlife habitat areas, and geologically hazardous areas, except for seismic and volcanic hazards.
(2) 
This provision may be modified by the administrator upon the submittal of a specific construction proposal by the applicant that demonstrates that the critical area or buffer will not be disturbed.
(3) 
The following uses shall be allowed in the building setback:
(a) 
Landscaping;
(b) 
Uncovered decks;
(c) 
Building overhangs;
(d) 
Impervious surfaces such as driveways, parking lots, roads, and patios; provided, that such surfaces conform to the applicable water quality standards and that construction equipment does not enter or damage the buffer or critical area;
(e) 
Clearing and grading; and
(f) 
Wells.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)
(1) 
Properties located in critical areas or their buffers shall receive notice of their proximity to the critical area. This notice shall note the general presence of a critical area or buffer on the property, and the fact that limitations on actions in or affecting the critical area or buffer exist.
(2) 
The notice shall occur in the following manner:
(a) 
For building or development permits, this notice shall be provided as a condition of permit approval.
(b) 
Where the approval is a subdivision or binding site plan, the notice shall be recorded on the face of the plat.
(Ord. 1284 § 4, 2018; Ord. 1370 (Exh. B), 2025)