16.03.260 Nonconforming uses and facilities.
Nonconforming uses and facilities are classified as either conforming uses with nonconforming structures or areas, or as nonconforming uses, as described in subsection (1) of this section. Both types have different review processes and decision criteria, as provided below in subsections (2) and (3) of this section.
(1) Classification Criteria. There may be situations that do not conform to the standards or regulations of this title. These situations are characterized as:
(A) Nonconforming Uses. Uses of a structure or land that were lawfully established at the time of their initiation but are currently prohibited by this title are nonconforming uses, and may utilize structures or land areas that are also nonconforming. A nonconforming use that is discontinued for any reason for more than one year shall have a presumption of intent to abandon, shall not be reestablished, and shall lose its nonconforming status, unless a variance is obtained to extend the length of time, based on documentation showing that an intent to abandon did not exist during the period of discontinuance. Such a variance request may be submitted after the deadline has passed. In the case of destruction or damage where reconstruction costs exceed fifty percent of the assessed value, the structure shall not be rebuilt.
(B) Conforming uses with nonconforming structures or areas are structures or areas for conforming uses that were lawfully established at the time of their initiation, but currently do not conform to the bulk, dimensional or other development standards of this title. Structures or areas in locations approved under a permit shall not be considered nonconforming. Nonconforming outdoor areas that have not been used or maintained for five consecutive years shall lose their nonconforming status and may not be reestablished.
(C) Any nonconforming structure, area, or use may be maintained with ordinary care according to the provisions in Sections 16.01.050 (Applicability) and 16.03.060 (Exemptions – Procedural requirements), and do not require additional review under these nonconforming provisions.
(2) Process.
(A) Alterations to conforming uses with nonconforming structures or areas shall be allowed under the following process requirements with the understanding that other permits or reviews may also be required under this title:
(i) Those that do not increase the existing nonconformity and otherwise conform to all other provisions of this title are allowed without additional review under these nonconforming provisions;
(ii) Those that increase the nonconformity, including establishing additional square footage within a buffer, are allowed without additional review under these nonconforming provisions; however, a variance must be obtained for the increased nonconformity;
(iii) Reconstruction or repair of a structure damaged less than seventy-five percent of the assessed value shall be processed as provided in subsections (2)(A)(i) and (ii) of this section;
(iv) A nonconforming structure which is moved any distance shall be processed as provided in subsections (2)(A)(i) and (ii) of this section;
(v) Reconstruction or repair of structures destroyed or damaged seventy-five percent or more of the assessed value of the structure (not the whole property), including that resulting from neglect of maintenance or repair, shall be processed under these nonconforming provisions as a Class 2 review under Chapter 10.06 (Applications).
(B) Alterations to Nonconforming Uses.
(i) Those involving expansion or alteration within an existing structure, but do not include alterations to outdoor areas, or expansions of the building's height or square footage are allowed without additional review under these nonconforming provisions.
(ii) Alterations to nonconforming uses, including their nonconforming structures or areas that do not qualify under subsection (2)(B)(i) of this section, shall be processed under these nonconforming provisions as a Class 2 review, as provided under Chapter 10.06 (Applications).
(iii) Within shoreline jurisdiction, and only within the urban and rural shoreline environments, a nonconforming use as listed in Section 16.06.090 (Shoreline land use table) may convert to another nonconforming use; although, a nonconforming use shall not change to any use prohibited in Section 16.06.100 (Prohibited uses). Conversion from one nonconforming use to another within the urban and rural shoreline environments shall be processed under these nonconforming provisions as a Class 2 review, as provided under Chapter 10.06.
(3) Decision Criteria.
(A) Decisions on projects that require review under the nonconforming provisions, as identified under subsection (2) of this section, shall be based on the general decision criteria found in Section 16.03.140 (Authorization decisions – Basis for action) together with the criteria below.
(B) Applications for conforming uses with nonconforming structures or areas that are subject to subsection (2)(A)(v) of this section shall not be approved unless a finding is made that the project meets all of the following criteria:
(i) Using the original location will not place the structure or people in danger of a hazard;
(ii) The previous structure and any structural shore modification used to protect the structure did not increase hazards or damage to other properties;
(iii) The previous structure and any shore modification used to protect the structure did not cause significant impacts to the functions and values of the critical area.
(C) Decisions on Nonconforming Uses.
(i) A nonconforming use may not be altered or expanded in any manner that would bring that use into greater nonconformity;
(ii) Within shoreline jurisdiction, nonconforming uses shall meet the decision criteria for conditional use permits in Section 16.03.210(c) (Shoreline conditional uses);
(iii) Within shoreline jurisdiction, and only within the urban and rural shoreline environments, conversion from one nonconforming use to another may be approved if the replacement use is more conforming with the intent of the applicable shoreline environment policies of the comprehensive plan, and if the impacts to the shoreline environment from the existing use are reduced by changing the use. (Ord. 2123, § 1 (Att.), 2021.)