Chapter 16.32
NONCONFORMING DEVELOPMENTS AND USES
Sections:
16.32.010 Nonconforming development.
16.32.020 Revision of permits.
16.32.030 Development and building permits.
16.32.010 Nonconforming development.
Nonconforming development is a shoreline use or structure which was lawfully constructed or established prior to the effective date of the Act or the shoreline master program, or amendments thereto, but which does not conform to present regulations or standards of the shoreline master program or policies of the Act. In such cases, the following standards shall apply:
A. Nonconforming development or expansion may be continued; provided, that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses;
B. A nonconforming development which is moved any distance must be brought into conformance with the shoreline master program and the Act;
C. If a nonconforming structure is damaged to an extent not exceeding 75 percent replacement cost of the nonconforming structure, it may be reconstructed to those configurations existing immediately prior to the time the structure was damaged, so long as restoration is completed within one year of the date of damage, with the exception that single-family nonconforming development may be 100 percent replaced if restoration is completed within three years of the date of damage;
D. If a nonconforming use is discontinued for 12 consecutive months or for 12 months during any two-year period, any subsequent use shall be conforming; it shall not be necessary to show that the owner of the property intends to abandon such nonconforming use in order for the nonconforming rights to expire;
E. A nonconforming use shall not be changed to another nonconforming use, regardless of the conforming or nonconforming status of the building or structure in which it is housed;
F. An undeveloped lot, tract, parcel, site, or division which was established prior to the effective date of the Act and the shoreline master program, but which does not conform to the present lot size or density standards may be developed so long as such development conforms to all other requirements of the shoreline master program and the Act;
G. A use which is listed as a conditional use but which existed prior to adoption of the shoreline master program for which a conditional use permit has not been obtained shall be considered a nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of the shoreline master program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use;
H. A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities. (Ord. 2089 § 9 (part), 2004)
16.32.020 Revision of permits.
A. When an applicant desires to revise a shoreline permit, the applicant must submit detailed plans and text describing the proposed changes. If the administrator determines that the revisions proposed are within the scope and intent of the original shoreline permit, consistent with chapter 173-27 WAC, the administrator may approve the revision. “Within the scope and intent of the original permit” means all of the following:
1. No additional over-water construction is involved, except that pier, dock, or float construction may be increased by 500 square feet or 10 percent, whichever is less;
2. Ground area coverage and height are not increased more than 10 percent;
3. Additional structures do not exceed a total of 250 square feet;
4. The revision does not authorize development to exceed height, setback, lot coverage, or any other requirement of the city of Sumner shoreline master program;
5. Additional landscaping is consistent with conditions (if any) attached to the original permit;
6. The use authorized pursuant to the original permit is not changed; and
7. No substantial adverse environmental impact will be caused by the project revision.
B. If the sum of the proposed revision and any previously approved revisions do not meet the criteria above, an application for a new shoreline permit must be submitted.
C. If the revision involves a conditional use or variance which was conditioned by the Department of Ecology, the revision also must be reviewed and approved by the Department of Ecology (see chapter 173-27 WAC).
D. Construction allowed by the revised shoreline permit that is not authorized under the original shoreline permit is undertaken at the applicant’s own risk until the expiration of the appeals deadline. (Ord. 2089 § 9 (part), 2004)
16.32.030 Development and building permits.
No building permit or other development permit shall be issued for any parcel of land developed or divided in violation of the shoreline master program. All purchasers or transferees of property shall comply with provisions of the Act and the shoreline master program and each purchaser or transferee may recover damages from any person, firm, corporation, or agent selling, transferring, or leasing land in violation of the Act or the shoreline master program including any amount reasonable spent as a result of inability to obtain any development permit and spent to conform to the requirements of the Act or the shoreline master program as well as cost of investigation, suit, and reasonable attorney’s fees occasioned thereby. Such purchaser, transferee, or lessor may, as an alternative to conforming their property to these requirements, rescind the sale, transfer, or lease and recover cost of investigation and reasonable attorney’s fees occasioned thereby from the violator. (Ord. 2089 § 9 (part), 2004)