A. 
All nonconforming uses in shoreline jurisdiction shall be subject to the provisions of this article. For nonconformance of use, structures, and lots within shoreline critical areas, Article V, Critical Areas, applies. When there is a conflict between this section and the critical areas section as applicable to critical areas, the more restrictive standards shall apply.
B. 
The provisions of this section do not supersede or relieve a property owner from compliance with either of the following requirements:
1. 
International Building and Fire Codes;
2. 
The provisions of the SMP beyond the specific nonconformance addressed by this section.
C. 
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.
D. 
Any nonconformance that is brought into conformance for any period of time shall forfeit status as nonconformance, except as specified in CCC § 16.15.610, Nonconforming uses.
E. 
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:
1. 
Local agency permit;
2. 
Orthophotograph, aerial photograph, or planimetric mapping recognized as legitimate by the agency;
3. 
Tax record.
(Ord. 2016-02)
A. 
If, at the effective date of the SMP and any later amendment to it, a lawful use of land exists that is made no longer permissible under the terms of this SMP or future amendments to it, such use may be continued as a nonconforming use so long as it remains otherwise lawful subject to the following conditions:
1. 
Uses that were legally established and are nonconforming with regard to the use regulations of the master program may continue as legal nonconforming uses.
2. 
In the absence of other more specific regulations in the master program, such uses shall not be enlarged or expanded, except upon approval of a conditional use permit.
3. 
If a nonconforming use is discontinued for 12 consecutive months or for 12 months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming unless reestablishment of the use is authorized through a conditional use permit which must be applied for within the two-year period. Water-dependent uses should not be considered discontinued when they are inactive due to dormancy, or where the use includes phased or rotational operations as part of typical operations.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
A. 
Structures that were legally established and are used for a conforming use but are nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may continue as legal nonconforming structures and may be maintained and repaired.
B. 
Nonconforming structures may be enlarged or expanded; provided, that said enlargement meets the applicable provisions of the master program. In the absence of other more specific regulations, proposed expansion shall not increase the extent of nonconformity by further encroaching upon or extending into areas where construction would not be allowed for new structures, unless a shoreline variance permit is obtained.
C. 
Nonconforming single-family residences that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173-27-040(2)(g) upon approval of a conditional use permit.
D. 
A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities.
E. 
In the absence of other more specific regulations, a structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit. A conditional use permit may be approved only upon a finding that:
1. 
No reasonable alternative conforming use is practical; and
2. 
The proposed use will be at least as consistent with the policies and provisions of the act and the master program and as compatible with the uses in the area as the preexisting use.
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 Shoreline Management Act and to assure that the use will not become a nuisance or a hazard.
F. 
A nonconforming structure which is moved any distance must be brought as closely as practicable into conformance with the applicable master program and the Act.
G. 
If a nonconforming development is damaged to an extent not exceeding 75 percent of the replacement cost of the original development, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged; provided, that application is made for the permits necessary to restore the development within two years of the date the damage occurred.
(Ord. 2016-02; Ord. 2023-02 § 2 (Exh. 1))
A nonconforming lot may be developed if permitted by other land use regulations of the local government and so long as such development conforms to all other requirements of the applicable master program and the Act.
(Ord. 2023-02 § 2 (Exh. 1))