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(1) All nonconformances in shoreline jurisdiction shall be subject to the provisions of this chapter. For nonconformance of use, structures, and lots within shoreline critical areas, Chapter 29.25 PMC, 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.

(2) The provisions of this SMP 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 chapter.

(3) A change in the required permit review process (e.g., shoreline substantial development permit versus a shoreline special 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 PMC 29.30.020, Nonconforming Uses.

(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 two of the following:

(a) Local agency permit;

(b) Orthophotograph, aerial photograph, or planimetric mapping recognized as legitimate by the agency; or

(c) Tax record. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.600.]