A.
Structures and uses that were legally established prior to the effective date of this shoreline master program, but that do not conform to the use and development regulations in Sections 16.08.170 through 16.08.320, shall be subject to the applicable requirements in subsections B through F of this section, unless the criteria of subsection G of this section can be met.
“Nonconforming” does not apply to uses or structures approved with a shoreline conditional use permit or a shoreline variance after the adoption of this shoreline master program, which shall be considered conforming for the purposes of this chapter.
B.
If a structure or use is nonconforming according to this chapter, that structure or use shall be subject only to the nonconforming provisions of this chapter, and not the nonconforming provisions of any other part of the city code.
C.
For the purposes of this section, “damage” shall refer to those impacts from sudden and unforeseeable events out of the property owner’s control, such as fires or windstorms, and shall not include the gradual deterioration of a structure due to lack of maintenance or repair.
D.
The rules of this chapter are applied by first reviewing which provisions are applicable to the nonconformity. When a combination of nonconforming structure or use exists, each segment of the non-conformity is reviewed independently of the other.
E.
Nonconforming Shoreline Uses.
1.
A structure that houses a nonconforming use may not be expanded, redeveloped, or relocated unless the nonconforming use is eliminated.
2.
The planning director may allow a nonconforming use within a structure or site to be replaced with another nonconforming use, upon determining that:
3.
A nonconforming use shall be considered abandoned if it is discontinued for more than twelve months, and may not be resumed, unless the discontinuance was due to damage or destruction of the structure, in which case the nonconforming use may only be resumed in accordance with subsection E of this section.
4.
An over-water or in-water structure which is being used for a nonconforming use may not be expanded or redeveloped unless the use is brought into conformance with the requirements of this chapter.
F.
Nonconforming Shoreline Structures.
1.
Routine maintenance and repair of legally established nonconforming structures is permissible. Repair in excess of fifty percent of a structure shall be considered restoration or rebuilding per Section 16.08.040.
2.
A nonconforming structure that is relocated within the shoreline jurisdiction shall be brought into conformance with shoreline master program and zoning regulations in effect on the date of the proposed relocation.
3.
Damage or Destruction of Nonconforming Structures. A nonconforming structure that is damaged or destroyed may be restored or rebuilt subject to the following requirements:
a.
The applicant shall apply for permits needed to restore or rebuild the structure within twelve months of the date when the damage occurred. The city council may extend this twelve-month period if extenuating circumstances (e.g., insurance litigation) have prevented the applicant from applying for permits;
b.
The restoration or rebuilding of the structure shall be complete within two years of permit issuance;
c.
If a structure located in a landslide hazard area is destroyed, it may be rebuilt only if the rebuilt structure is located outside of the landslide hazard area;
d.
The planning director may allow a destroyed nonconforming structure to be rebuilt at another non-conforming location on the same site, upon determining that the new location of the nonconforming structure is less nonconforming and will result in reduced impacts to shoreline habitat and resources than if the structure were to be rebuilt in the original location;
e.
The structure shall be restored or rebuilt in compliance with current building code requirements and other applicable city and state regulations;
g.
No net loss of shoreline habitat values or functions on the site or adjacent waters shall occur.
4.
A nonconforming structure, or a structure (conforming or nonconforming) that contains a nonconforming use or uses, may be expanded or redeveloped with a shoreline variance subject to the following requirements:
a.
No portion of the structure that is located over-water or in-water may be expanded or redeveloped;
b.
Structures or other development shall not extend further waterward;
c.
No other nonconformities shall be created or be increased;
d.
A variance is not needed for any other purpose;
e.
No additional or enlarged building footprint or new development area shall be located within fifty feet of the OHWM;
f.
A redevelopment or expansion shall not be located within a landslide hazard area, flood hazard area or other critical area, or the buffer and setback required for such areas according to Chapter 16.20;
h.
No net loss of shoreline habitat values or functions on the site or adjacent waters shall occur.
5.
A nonconforming structure that is removed other than for reasons of damage shall not be replaced unless it is brought into conformance with the requirements of this chapter.
6.
Legally existing single-family residential structures and normal residential appurtenances within the shoreline residential-1 environment shall be subject to the following provisions:
a.
Enlargement or expansion, by the addition of space to the main structure, or by the addition of space to a normal residential appurtenant structure, may be permitted, with a shoreline substantial development permit, if the following criteria are met:
i.
The expansion does not extend farther waterward than the existing primary residential structure; and
ii.
The new development area (existing plus proposed) does not exceed two-thousand-five-hundred-square-feet footprint, including normal residential appurtenances; and
iii.
No net loss of shoreline habitat values or functions on the site or adjacent waters shall occur.
b.
Proposed enlargements or expansions that do not meet the criteria in subsection (F)(6)(a) of this section shall be subject to subsection (F)(4) of this section.
G.
If a property owner wishes to establish the status of a primary residential structure as conforming to the shoreline master program according to RCW 90.58.620, the criteria in subsections (G)(1) and (2) of this section must be met. Nothing in this subsection exempts any residential structure from the requirement that all future development, redevelopment, expansion or alteration of the structure shall be in compliance with the provisions of this master program. Additionally, this subsection does not address other nonconformances that may exist according to the zoning code or other city regulations.
1.
The owner shall provide evidence that demonstrates to the satisfaction of the planning director that the structure was legally permitted and built according to all city requirements in effect at the time of building permit approval; and
2.
The structure shall not be located in a landslide hazard area.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)