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A. Any use, structure, lot or other site improvement (e.g., landscaping or signage), which was legally established prior to the effective date of the Shoreline Management Act or the shoreline master program, or amendments thereto that rendered it nonconforming, shall be considered nonconforming if:

1. The use or structure is now prohibited or cannot meet use limitations applicable to the area in which it is located; or

2. The use or structure does not comply with the development standards or other requirements of this code.

B. Abatement of Illegal Use, Structure or Development. Any use, structure, lot or other site improvement not established in compliance with use, lot size, building, and development standards in effect at the time of establishment shall be deemed illegal and shall be discontinued or terminated and subject to removal.

C. Continuation and Maintenance of Nonconformance. A nonconformance may be continued or physically maintained as provided by this code.

1. Any nonconformance that is brought into conformance for any period of time shall forfeit status as a nonconformance.

2. Discontinuation of Nonconforming Use. A nonconforming use shall not be resumed when abandonment or discontinuance extends for 12 consecutive months.

3. Repair or Reconstruction of Nonconforming Structure. Any structure nonconforming as to height or setback standards may be repaired or reconstructed; provided, that:

a. The extent of the previously existing nonconformance is not increased; and

b. The building permit application for repair or reconstruction is submitted within 12 months of the occurrence of damage or destruction.

4. Modifications to Nonconforming Structures. Modifications to a nonconforming structure may be permitted; provided, the modification does not increase the area, height or degree of an existing nonconformity.

D. Change or Intensification of a Nonconforming Use. A nonconforming use may be changed to another nonconforming use or intensified, subject to approval of a shoreline conditional use permit; provided, a new nonconformance with the structural standards shall not be created or increased except by approval of a shoreline variance.

E. Expansion of a nonconforming single-family residence shall be subject to approval of a Type II administrative conditional use permit provided the following conditions can be met (in addition to those in BMC 22.06.050(C), Conditional uses):

1. There is no future encroachment into the required buffer beyond the furthest extent of the foundation of the existing structure but not including foundations for patios, decks, pier abutments and other appurtenances.

2. The expansion is compliant with all other BMC requirements.

F. Nonconforming Lots. Any permitted use may be established on an undersized lot, which cannot satisfy the lot size or width requirements of BMC Title 23; provided, that:

1. All other applicable standards of BMC Title 23 are met; or a shoreline variance has been granted;

2. The lot was legally created and satisfied the lot size and width requirements applicable at the time of creation;

3. The lot cannot be combined with contiguous undeveloped lots to create a lot of required size;

4. No unsafe condition or circumstance contrary to the public interest is created by permitting development on the nonconforming lot; and

5. The lot was not created as a “special tract” to protect critical area, provide open space, or as a public or private access tract. [Ord. 2018-12-036 § 46; Ord. 2013-02-005 § 2 (Exh. 1)].