29.30.030 Nonconforming structures.
(1) If, at the effective date of the SMP or any amendment thereto, a lawful structure or other improvement exists, which is made no longer permissible under the terms of this SMP or amendment thereto, such structure or other improvement may be continued as a nonconforming structure or other improvement so long as it remains otherwise lawful, subject to the following conditions:
(a) No nonconforming structure or other improvement shall be altered or changed in a way which increases its nonconformity except as allowed in subsection (1)(b) of this section.
(b) Expansions of structures that are nonconforming with respect to a required shoreline buffer:
(i) May not encroach any farther waterward into the required shoreline buffer.
(ii) Expansions parallel to or landward of shoreline may be allowed; provided, that said enlargement does not increase the extent of nonconformity by farther encroaching upon or extending into areas where construction or use would not be allowed for new development or uses.
(c) All expansion, extension, maintenance, or repair activities of nonconforming structures or improvements shall be consistent with all other provisions of this SMP; provided, that the cumulative cost of such maintenance or repair shall not exceed 20 percent of the assessed valuation of such building, structure, or land (as applicable) at the time such maintenance is completed.
(d) When damaged, a nonconforming structure may be restored to the configuration existing immediately prior to the time that the structure was damaged; provided, that:
(i) The structure is damaged to an extent not exceeding 50 percent of the replacement cost of the original development.
(ii) The applicant applies for permits needed to restore the development within six months of the date the damage occurred.
(iii) Reconstruction is started within 12 months and is completed within 24 months of the date of damage, unless an extension of time is granted by the Shoreline Administrator upon written petition substantiating to the satisfaction of the Administrator due cause for such extension.
(iv) The degree of the nonconforming use, building, or structure is not increased.
(e) Nothing in this section will prohibit vertical expansion up to the height allowed in the applicable use environment, provided all other applicable requirements of City’s development regulations are met.
(f) Upkeep, repairs, and maintenance of a nonconforming structure or other improvement shall be permitted.
(2) Should such structure or other improvement be moved for any reason for any distance, it shall thereafter conform to the regulations for the use environment in which it is located. Conformance shall be required when:
(a) A change of use is proposed;
(b) The use is terminated or discontinued for more than one year, or the structure(s) that houses the use is vacated for more than one year; or
(c) The structure(s) or activity that occurs on the land in which the use is conducted is proposed for relocation.
(3) Residential structures and appurtenant structures that were legally established and are used for a conforming use, but that do not meet standards for the following, shall be considered a conforming structure: setbacks, buffers, or yards; area; bulk; height; or density.
(4) For purposes of this section, “appurtenant structures” refer to garages, sheds, and other legally established structures. Appurtenant structures do not include bulkheads and other shoreline modifications or overwater structures. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.620.]