16.20.620 Nonconforming structures.
(1) If, at the effective date of the SMP or any amendment thereto, a lawful structure or other improvement exists which is made no longer permissible under the terms of this SMP or amendment thereto, such structure or other improvement may be continued as a nonconforming structure or other improvement so long as it remains otherwise lawful, subject to the following conditions:
(a) No nonconforming structure or other improvement shall be altered or changed in a way which increases its nonconformity except as allowed in subsection (1)(b) of this section.
(b) Expansions of structures that are nonconforming with respect to a required shoreline buffer:
(i) May not encroach any farther waterward into the required shoreline buffer.
(ii) Expansions parallel to or landward of shoreline may be allowed; 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. Expansions shall restore a portion of the shoreline buffer with riparian vegetation at a 1:1 area ratio to offset the adverse impact. When such expansions occur upland of an existing levee, the applicant’s critical areas report may justify a smaller ratio; provided, that the study demonstrates no net loss of ecological functions.
(c) All expansion, extension, maintenance or repair activities of nonconforming structures or improvements shall be consistent with all other provisions of this program including requirements for no net loss of shoreline ecological functions, provided the cumulative cost of such maintenance or repair within any 180-day period shall not exceed 50 percent of the assessed valuation of such building, structure, or land (as applicable) at the time such maintenance is completed.
(d) When damaged, a nonconforming structure may be restored to the configuration existing immediately prior to the time that the structure was damaged; provided, that:
(i) The applicant applies for permits needed to restore the development within six months of the date the damage occurred.
(ii) Aggregate cost of damage is less than 25 percent of the replacement value and replacement is completed within 12 months of the date of damage, unless an extension of time is granted by the shoreline administrator upon written petition substantiating to the satisfaction of the administrator due cause for such extension.
(iii) The degree of the nonconforming use, building or structure is not increased.
(e) If the aggregate cost of damage is more than 25 percent of the replacement value, subsequent use of the land and/or structure shall conform to the regulations specified by this SMP for the use environment in which such land is located.
(f) Nothing in this section will prohibit vertical expansion up to the height allowed in the applicable use environment, provided all other applicable requirements of Electric City development regulations are met.
(g) Upkeep, repairs and maintenance of a nonconforming structure or other improvement shall be permitted.
(2) Should such structure or other improvement be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the use environment in which it is located. Conformance shall be required when:
(a) A change of use is proposed;
(b) The use is terminated or discontinued for more than 12 months, or the structure(s) that houses the use is vacated for more than 12 months; or
(c) The structure(s) or activity that occurs on the land in which the use is conducted is proposed for relocation.
(3) 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.
(4) 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. (Ord. 484 § 2, 2014)