(1) All nonconforming uses in shoreline jurisdiction shall be subject to the provisions of this article. For nonconformance of uses, structures and lots within shoreline critical areas, Article V, Critical Areas, of this chapter applies. When there is a conflict between this article and the critical area article as applicable to critical areas, the more restrictive standards shall apply.
(2) The provisions of this chapter do not supersede or relieve a property owner from compliance with:
(a) The requirements of the International Building and Fire Codes; or
(b) The provisions of the SMP beyond the specific nonconformance addressed by this chapter.
(3) A change in the required permit review process (e.g., shoreline substantial development permit versus a shoreline conditional use permit) shall not create a nonconformance.
(4) Any nonconformance that is brought into conformance for any period of time shall forfeit status as nonconformance, except as specified in ECMC 16.20.610, Nonconforming uses.
(5) A nonconforming lot, use, or structure may be deemed legally nonconforming by providing documentation that the use in question occurred prior to the effective date of this SMP, from one of the following:
(a) Local agency permit;
(b) Orthophoto, aerial photo or planimetric mapping recognized as legitimate by the agency; or
(c) Tax record. (Ord. 484 § 2, 2014)