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(1) If, at the effective date of the SMP and any amendment thereto, a lawful use of land exists that is made no longer permissible under the terms of this SMP, or amendments thereto, such use may be continued as a nonconforming use so long as it remains otherwise lawful subject to the following conditions:

(a) No nonconforming use shall be intensified, enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of the SMP or the amendment that made the use no longer permissible; provided that a nonconforming use may be enlarged, increased, or extended in conformance with applicable bulk and dimensional standards of this SMP upon approval of a shoreline special use permit.

(b) No nonconforming use shall be moved in whole or in part to any other portion of the lot that contains the nonconforming use.

(c) If any nonconforming use of land ceases for any reason for a period of one year or more, any subsequent use of such land shall conform to the regulations specified by this SMP for the use environment in which such land is located.

(d) A structure, which is being or has been used for a nonconforming use, may be used for a different nonconforming use only upon a finding that:

(i) No reasonable alternative conforming use is practical;

(ii) The proposed use is equally or more appropriate to the shoreline environment than the existing nonconforming use, and is at least as consistent with the policies and provisions of the Act and the SMP; and

(iii) Such a change of use shall be subject to a shoreline special use permit approval. Conditions may be attached to the permit as are deemed necessary to ensure compliance with the above findings and the requirements of the SMP and the SMA, and to ensure that the use will not become a nuisance or a hazard. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.610.]