Local governments typically develop their own approaches to
addressing nonconforming use and development. This section is intended to apply
if a shoreline master program does not contain locally adopted nonconforming
use and development standards. When nonconforming use and development standards
do not exist in the applicable master program, the following definitions and
standards shall apply.
(1)
Definitions.
(a) "Nonconforming use " means
an existing shoreline use that was lawfully established prior to the effective
date of the act or the applicable master program, but which does not conform to
present use regulations due to subsequent changes to the master program.
(b) "Nonconforming development" or
"nonconforming structure" means an existing structure that was lawfully
constructed at the time it was built but is no longer fully consistent with
present regulations such as setbacks, buffers or yards; area; bulk; height or
density standards due to subsequent changes to the master program.
(c) "Nonconforming lot" means a lot that met
dimensional requirements of the applicable master program at the time of its
establishment but now contains less than the required width, depth or area due
to subsequent changes to the master program.
(2) Nonconforming structures.
(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 non-conforming 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:
(i) No
reasonable alternative conforming use is practical; and
(ii) 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 seventy-five 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.
(3) Nonconforming uses.
(a) Uses that were legally established and
are noncon-forming with regard to the use regulations of the master program may
continue as legal nonconforming uses.
(b) 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.
(c) If a nonconforming use is discontinued
for twelve consecutive months or for twelve 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. A use authorized pursuant to
subsection (2)(e) of this section shall be considered a conforming use for
purposes of this section.
(4) Nonconforming lot. 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.
