16.05.100 Nonconforming uses, structures, and development.
(1) Applicability. This section applies to nonconforming uses, development, structures, and lots, as defined in CMC 16.05.030 of this chapter.
(2) Nonconforming Structures and Development. Nonconforming structures and development shall be subject to the following provisions:
(a) Nonconforming structures used for a conforming use may continue as legal nonconforming structures and may be maintained and repaired.
(b) Nonconforming structures 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 structures or development, with the exception that improvements to nonconforming structures for the purpose of compliance with applicable accessibility regulations are not subject to this restriction.
(c) 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.
(d) A structure that 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. A conditional use permit may be approved only upon finding that the following conditions are met. Additional conditions may be attached to the permit as are deemed necessary to assure compliance with the following listed conditions, the requirements of the master program, and the Act, and to assure that the use will not become a nuisance or hazard:
(i) No reasonable alternative conforming use is practical; and
(ii) 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.
(e) A nonconforming structure that is moved any distance shall be brought into conformance with the master program and the Act.
(f) If a nonconforming structure is damaged or destroyed by fire, explosion, or other casualty or act of God, to an extent not exceeding 75 percent of the replacement cost of the original structure, such structure may be reconstructed or restored and the previous use activity continued subject to all other provisions of this section; provided, that application is made for the permits necessary to restore the development within six months of the date the damage occurred, and all permits are obtained and the restoration completed within two years of permit issuance.
(g) Preexisting Residential Structures. Primary residential and appurtenant structures, located landward of the ordinary high water mark, that are classified as nonconforming structures under subsection (1) of this section, are considered conforming structures for the purpose of this master program, and shall be subject to the following provisions:
(i) Enlargement or expansion, by the addition of space to the main structure, or by the addition of space to an appurtenant structure, may be permitted if the following criteria are met:
(A) The enlargement or expansion does not extend farther waterward than the existing primary residential structure;
(B) Any lateral expansion is limited to a one-time expansion of up to 250 square feet of new impervious footprint;
(C) Potential adverse impacts to shoreline ecological functions are mitigated in accordance with no net loss requirements and mitigation sequencing per CMC 16.05.230; and
(D) The enlargement or expansion does not otherwise increase the level of nonconformity.
(ii) Proposed enlargements or expansions that do not meet the criteria in subsection (2)(g)(i) of this section shall require a variance pursuant to CMC 16.05.090(7).
(iii) Bulkheads, overwater structures, and other shoreline modifications accessory to the preexisting residential structures shall be excluded from the provisions of this subsection.
(3) Nonconforming Uses. Nonconforming uses shall be subject to the following provisions:
(a) Nonconforming uses may continue as legal nonconforming uses and may be repaired and maintained.
(b) Nonconforming uses shall not be enlarged or expanded, except that nonconforming single-family residences classified as nonconforming uses and located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances upon approval of a conditional use permit.
(c) A nonconforming use that is discontinued for 12 consecutive months or for 12 months during any two-year period shall lose its nonconforming status and associated rights, and any subsequent use shall be conforming. It shall not be necessary to demonstrate an intent to abandon in order for the nonconforming rights to expire.
(d) A use that is listed as a conditional use in this master program, but that existed prior to adoption of this master program, and for which a conditional use permit has not been obtained, shall be considered a nonconforming use.
(4) Nonconforming Lots. An undeveloped nonconforming lot located landward of the ordinary high water mark may be developed if permitted by other City land use regulations; and provided, that such development conforms to all other requirements of the master program and the Act. (Ord. 09-19 § 6 (Exh. C))