14.100.052 Nonconforming Development.
A. Nonconforming use or development means a use, development or structure that was lawfully constructed or established prior to the effective date of the SMA or the SMP or amendments thereto, but does not conform to present regulations or standards of the SMP.
B. Nonconforming use and development standards not addressed in RCW 90.58.620 and not addressed by the SMP are found in WAC 173-27-080. In the event of a conflict between WAC 173-27-080 and the standards contained in the city code, the requirement that most supports the provisions of the SMA as stated in RCW 90.58.020 shall apply, as determined by the shoreline administrator.
C. For nonconforming shoreline uses, development or structures, the following standards shall apply:
1. A nonconforming use, development or structure may continue; provided, that it is not enlarged or expanded;
2. Legally established uses and developments may be maintained, repaired and operated within shoreline jurisdiction and within shoreline buffers established in the SMP;
3. A nonconforming use, development or structure which is moved any distance must be brought into conformance with the SMA and the SMP;
4. If a nonconforming structure is damaged to an extent not exceeding seventy-five (75) percent of the 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 two (2) years of the date of damage. Single-family nonconforming development may be replaced if damaged to one hundred (100) percent, if the restoration is completed within three (3) years of the date of damage;
5. If a nonconforming use is discontinued for twelve (12) consecutive months or for twelve (12) months during any two (2) 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;
6. 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;
7. An undeveloped lot, tract, parcel, site or division of land located landward of the OHWM, which was established in accordance with local and state subdivision requirements prior to the effective date of the SMA and the SMP, may be developed if permitted by other local land use regulations so long as such development conforms to all other requirements of the SMA and the SMP;
8. A use which is listed as a shoreline conditional use but which existed prior to adoption of the SMP and for which a shoreline conditional use permit has not been obtained shall be considered a nonconforming use; and
9. A structure for which a shoreline 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.