Chapter 17.11
EXISTING USES, STRUCTURES AND LOTS
Sections:
17.11.005 Intent of provisions.
17.11.020 Nonconforming structures.
17.11.040 Preexisting legal uses—Conforming residential structures.
17.11.050 Additional requirements for certain uses.
17.11.005 Intent of provisions.
Nonconforming uses or developments are shoreline uses or development which were lawfully constructed or established prior to the effective date of this master program, or approved amendments to the master program, but which do not conform to present regulations or standards of the master program. The intent of this chapter is to provide regulations regarding nonconforming uses, structures, and lots as well as to establish residences as preexisting legal uses, conforming to the master program as allowed by the Act. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.11.010 Nonconforming uses.
A. Uses and developments that were legally established and are nonconforming with regard to the use regulations of the master program may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded unless expressly allowed by subsection B of this section and YMC 17.11.040.
B. Nonconforming single-family residential uses that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in YMC 17.01.090 upon approval of a shoreline conditional use permit by the hearing examiner.
C. A legally established use, prior to the effective date of the master program, which is listed as a conditional use but for which a shoreline conditional use permit has not been obtained shall be considered a nonconforming use.
D. A structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit by the hearing examiner. A conditional use permit may be approved only upon a finding that:
1. No reasonable alternative conforming use is practical; and
2. The proposed use will be at least as consistent with the policies and provisions of the Act and the master program and as compatible with the uses in the area as the preexisting use.
In addition, such conditions may be attached to the permit as are deemed necessary to assure compliance with the above findings, the requirements of the master program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. A use authorized pursuant to this subsection D shall be considered a conforming use for purposes of this section.
E. If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be required to conform to this title. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.11.020 Nonconforming structures.
A. Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be maintained and repaired and may be enlarged or expanded; 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 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.
C. A nonconforming structure which is moved any distance must be brought into conformance with the master program and the Act.
D. If a nonconforming development/structure is damaged to an extent not exceeding fifty percent in flood hazard areas and seventy-five percent in the remainder of shoreline jurisdiction of the replacement cost of the original development, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged; provided, that application is made for the permits necessary to restore the development within six months of the date the damage occurred, all permits are obtained and the restoration is completed within two years of permit issuance. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.11.030 Nonconforming lots.
A. In any district, any permitted use or structure may be erected on any existing lot or parcel. This provision shall apply even though such lot fails to meet the minimum dimensional requirements of this SMP; provided, that such structure is allowed within the shoreline environment and all uses of the nonconforming lot shall comply with all other provisions of the SMP and underlying zoning requirements including setbacks, dimensional standards, and lot coverage requirements.
B. Structures and customary accessory buildings on nonconforming lots shall be set back from the OHWM to the greatest extent feasible. Development proposed inside required buffers shall go through mitigation sequencing, shall require a mitigation plan and shoreline variance, per YMC 17.13.080, when unable to meet the provisions of YMC 17.09.030. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.11.040 Preexisting legal uses—Conforming residential structures.
Notwithstanding YMC 17.11.010 through 17.11.030, the following shall apply to preexisting legal residential structures constructed prior to the effective date of this SMP:
A. 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.
B. The city shall allow redevelopment, expansion, change with the class of occupancy, or replacement of the residential structure if it is consistent with the SMP, including requirements for no net loss of shoreline ecological functions.
C. For purposes of this section, “appurtenant structures” means garages, sheds, and other legally established structures. “Appurtenant structures” does not include bulkheads and other shoreline modifications or over-water structures.
D. Nothing in this section:
1. Restricts the ability of this SMP to limit redevelopment, expansion, or replacement of over-water structures located in hazardous areas, such as floodplains and geologically hazardous areas; or
2. Affects the application of other federal, state, or city requirements to residential structures. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).
17.11.050 Additional requirements for certain uses.
Nonconforming uses and structures not covered by RCW 90.58.270(5), 90.58.620, and not addressed by the SMP must comply with WAC 173-27-080. (Ord. 2021-015 § 2 (Exh. A), 2021; Ord. 2017-017 § 2 (Exh. B), 2017: Ord. 2015-002 § 1 (Exh. A), 2015).