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A. General Non-Conforming Provisions.

1. All legally established uses and structures that do not conform to the requirements of this chapter shall be allowed to continue and remain in the form and location in which they existed prior to the effective date of this chapter.

2. All non-conforming uses authorized through a conditional use permit and non-conforming structures authorized through a variance shall be considered legal non-conforming uses and structures and the requirements of this section shall apply as they apply to pre-existing non-conformities.

3. For non-conforming situations not addressed by this chapter, the “Nonconforming use and development standards” in WAC 173-27-080 shall apply.

B. Non-Conforming Uses.

1. Uses that were legally established and are non-conforming with regard to the use regulations of this chapter shall not be expanded or intensified, with the exception of non-conforming single-family residential uses that are located landward of the ordinary high water mark.

2. For the purposes of this chapter, a non‑conformity is intensified if:

a. The total floor area used by the non-conforming use is increased; or

b. The amount of floor area used for non‑water-oriented use is increased; or

c. The amount of floor area used for water-oriented use is decreased.

3. An existing non‑conforming use may be replaced with another non‑conforming use only upon a finding that:

a. No reasonable alternative non-conforming use is practical; and

b. The proposed use will be at least as consistent with the Snohomish Shoreline Master Program and as compatible with the uses in the area as the pre-existing use.

4. If a non-conforming use is changed to a conforming use, the non-conforming use is abandoned and shall not be resumed.

5. If a non-conforming use is discontinued for twelve (12) consecutive months the non-conforming rights shall be considered abandoned and subsequent use shall be conforming. The following shall not be included in calculating the period of discontinuance:

a. Normal seasonal cessation of use; and

b. Temporary discontinuance of a use for purposes of maintenance or improvements; and

c. Time when property is being marketed for sale or rent for the same non-conforming use.

C. Non-Conforming Structures.

1. Structures that were legally established and are non-conforming with regard to setbacks, height, or buffers described in this program may be maintained and repaired and may be enlarged or expanded; provided, that the enlargement/expansion does not increase the extent of the non‑conformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses.

2. A non-conforming structure which is moved or relocated either elsewhere on the same parcel or to another shoreland parcel shall be brought as closely as practicable into conformance with this program, the Shoreline Management Act, and any applicable sections of Snohomish Municipal Code.

3. If a non-conforming structure is damaged or destroyed, it may be reconstructed to the configurations existing immediately prior to the time the development was damaged or destroyed; provided, that application is made for the permits necessary to restore the development within two (2) years of the date the damage occurred.

D. Non-Conforming Lots. A non-conforming lot may be developed if permitted by other land use regulations of the local government and so long as such development conforms to all other requirements of the applicable master program and the Act. (Ord. 2336, 2018)