4-10-095 SHORELINE MASTER PROGRAM, NONCONFORMING USES, ACTIVITIES, STRUCTURES, AND SITES:
A shoreline use or development which was lawfully constructed or established prior to the effective date of the applicable Shoreline Master Program, or amendments thereto, but which does not conform to present regulations or standards of the program, may be continued; provided, that:
A. NONCONFORMING STRUCTURES:
Nonconforming structures shall be governed by RMC 4-10-050, with the exception of docks and piers, which shall be governed by RMC 4-3-090E7, Piers and Docks, and shoreline stabilization structures, which shall be governed by RMC 4-3-090F4, Shoreline Stabilization.
B. NONCONFORMING USES:
Nonconforming uses shall be governed by RMC 4-10-060.
C. NONCONFORMING SITE:
A lot which does not conform to development regulations on a site not related to the characteristics of a structure including, but not limited to, the vegetation conservation, shoreline stabilization, landscaping, parking, fence, driveway, street opening, pedestrian amenity, screening and other regulations of the district in which it is located due to changes in Code requirements, condemnation or annexation.
D. PRE-EXISTING LEGAL LOT:
Reserved.
E. CONTINUATION OF USE:
The continuation of existing use and activities does not require prior review or approval. Operation, maintenance, or repair of existing legally established structures, infrastructure improvements, utilities, public or private roads, or drainage systems that do not require construction permits are allowed. Such improvements are only allowed if the activity does not modify the character, scope, or size of the original structure or facility or increase the impact to, or encroach further within, the sensitive area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Operation and maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the sensitive area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species.
F. PARTIAL AND FULL COMPLIANCE, ALTERATION OF AN EXISTING STRUCTURE OR SITE:
The following provisions shall apply to lawfully established uses, buildings and/or structures and related site development that do not meet the specific standards of the Shoreline Master Program. Alteration or expansion of existing structures may take place with partial compliance with the standards of this Code, as provided below, provided that the proposed alteration or expansion will result in no net loss of shoreline ecological function. In no case shall a structure with a nonconforming setback from the shoreline be allowed to extend further waterward than the existing structure.
1. Partial Compliance for Non-Single-Family Development: The following provisions shall apply to all development except single family:
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Alteration of an Existing Structure |
Compliance Standard |
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Alteration |
Expansion or remodel that does not change the building footprint or increase impervious surface. |
No site changes required. |
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Minor Alteration |
Expansion of building footprint by up to 500 sq. ft. or up to 10% (whichever is less); or |
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Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: |
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Expansion of impervious surface by up to 1,000 sq. ft. or up to 10% (whichever is less); or |
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Partial compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 50% of the area between an existing building and the water’s edge; provided, that the area to be revegetated does not exceed 10 ft., unless a greater area is desired by the applicant, or |
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Remodeling or renovation that equals less than 30% of the replacement value of the existing structures or improvements, excluding plumbing, electrical and mechanical systems and normal repair and maintenance. |
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An alternate mitigation proposal prepared by a qualified professional and approved by Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. |
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Remove over water structures that do not provide public access, or do not serve a water-dependent use. |
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Moderate Alteration |
Expansion of building footprint by more than 500 sq. ft. or between 10.1-25% (whichever is less); or |
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Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: |
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Expansion of impervious surface by more than 1,000 sq. ft., or between 10.1-25% (whichever is less); or |
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Partial compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 80% of the area between an existing building and the water’s edge, or at least 10 ft., or |
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Remodeling or renovation that equals 30.1-50% of the replacement value of the existing structures or improvements, excluding plumbing, electrical and mechanical systems and normal repair and maintenance. |
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An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. |
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Remove over water structures that do not provide public access, or do not serve a water-dependent use. |
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Piers and docks shall be required to replace any solid decking with light penetrating surfacing materials. |
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Major Alteration |
Expansion of building footprint by more than 25%; or |
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Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: |
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Expansion of impervious surface by more than 25%; or |
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o |
Full compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of the full required* buffer, or 100% of the area between an existing building and the water’s edge if the full buffer cannot be planted, or at least 10 ft., or |
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Remodeling or renovation that equals more than 50% of the replacement value of the existing structures or improvements, excluding plumbing, electrical and mechanical systems and normal repair and maintenance. |
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An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. |
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Remove over water structures that do not provide public access, or do not serve a water-dependent use. |
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Piers and docks shall be required to replace any solid decking with light penetrating surfacing materials. |
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Developments with existing shoreline stabilization shall mitigate for the impacts of shoreline stabilization in one of the following ways: |
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Shoreline stabilization structures not conforming to, or otherwise permitted by, the provisions of this Code shall be reviewed and upgraded according to the standards of RMC 4-3-090F4aiii, Shoreline Stabilization Alternatives Hierarchy, or |
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An alternative mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would identify near shore mitigation to improve shoreline function or values on-site, or |
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If the two alternatives above are infeasible, then the project proponent shall contribute to an off-site vegetation conservation fund, in accordance with RMC 4-3-090F1k. |
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*The full buffer/setback as required in RMC 4-3-090D7a, Shoreline Bulk Standards, or as modified under RMC 4-3-090F1,Vegetation Conservation.
2. Partial Compliance for Single Family Development: Lawfully constructed single family homes built before the adoption of the Shoreline Master Program (October 24, 2011) shall be considered conforming if expansion or replacement is consistent with the standards below:
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Alteration of an Existing Structure |
Compliance Standard |
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|---|---|---|---|---|
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Alteration |
Expansion or remodel that does not change the building footprint or increase impervious surface. |
No site changes required. |
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Minor Alteration |
Expansion of building footprint by up to 500 sq. ft. outside of the required* setback; or |
No site changes required. |
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Expansion of impervious surface by up to 1,000 sq. ft. outside of the required* setback. |
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Moderate Alteration |
Expansion of building footprint within the required* setback in any amount, or total expansion of 500 sq. ft. to 1,000 sq. ft.; or |
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Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: |
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Expansion of impervious surface within the required* setback in any amount, or total expansion of 1,000 sq. ft. to 1,500 sq.ft. |
o |
Partial compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of at least 80% of the area between an existing building and the water’s edge; provided, that the area to be revegetated need not be more than 25% of the lot depth in feet, or |
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An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. |
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Docks shall be required to replace solid decking with light penetrating surfacing materials. |
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Major Alteration |
Expansion of building footprint by more than 1,000 sq. ft., or |
• |
Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: |
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Expansion of impervious surface by more than 1,500 sq. ft. |
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o |
Full compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of the full required* buffer, or 100% of the area between an existing building and the water’s edge if the full buffer cannot be planted, or |
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o |
An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer. |
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Docks shall be required to replace solid decking with light penetrating surfacing materials. |
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Developments with existing shoreline stabilization shall mitigate for the impacts of shoreline stabilization in one of the following ways: |
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Shoreline stabilization structures not conforming to, or otherwise permitted by, the provisions of this Code shall be reviewed and upgraded according to the standards of RMC 4-3-090F4aiii, Shoreline Stabilization Alternatives Hierarchy, or |
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An alternative mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would identify near shore mitigation to improve shoreline function or values on-site, or |
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If the two alternatives above are infeasible, then the project proponent shall contribute to an off-site vegetation conservation fund, in accordance with RMC 4-3-090F1k. |
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*The full buffer/setback as required in RMC 4-3-090D7a, Shoreline Bulk Standards, or as modified under RMC 4-3-090F1, Vegetation Conservation.
(Ord. 5633, 10-24-2011)