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All uses or structures that were lawfully established prior to the effective date of this chapter and are consistent with CCC 27.12.035 may be continued. However, any development regulated by this chapter to alter, expand, replace, or reconstruct, or otherwise increase the nonconformity of a pre-existing use or structure that is located within a critical area or its buffer and does not meet the standards set forth by this chapter shall be subject to the standards of this chapter, as provided for in this section, and in addition to other standards set forth by the County Code. Clallam County shall review such development proposals and determine if the proposed development conforms with the standards of this chapter, or if the proposal increases the nonconformity of the existing development.

(1) Expansions or Minor Changes. Expansions or minor changes to a pre-existing use or structure which does not conform to the standards of this chapter may be allowed subject to the standards set forth by this subsection. Those proposals that cannot meet the provisions of this subsection shall not be permitted unless a variance or reasonable use exception approval is granted by the applicable review authority pursuant to this chapter.

(a) If a pre-existing use or structure is located within a buffer set forth by this chapter, the pre-existing use may be continued, maintained, remodeled, or reconstructed provided there is no material expansion of the use or structure within the buffer or increase of the nonconformity with this chapter. For the purposes of this subsection, a material expansion that results in an increase in nonconformity shall be determined to exist when:

(i) There is an increase in the footprint of the nonconforming use or structure, as defined by this chapter; or

(ii) For residential development, there is an increase in the number of bedrooms, bathrooms or kitchens, such that would have the effect of increasing the quantity of effluent generated by the use of the nonconforming structure.

(b) For wetland or aquatic habitat conservation area buffers, a habitat management plan pursuant to Part Eight of this chapter will be required if such activity results in material disturbance to the critical area buffer outside the original footprint.

(c) For landslide hazard buffers (includes channel meander hazards), a geotechnical report and habitat management plan in accordance with Part Eight of this chapter are required.

(d) Activities associated with pre-existing uses undertaken on previously disturbed areas (non-native soils or slopes which are the result of previous excavation, filling or grading) are permitted; provided, the activities do not decrease slope stability, do not significantly alter surface or ground water flow, do not increase the size of the disturbed areas, and do not result in a permanent decrease in vegetated area.

(e) Any expansion or minor change to a pre-existing use or structure which does not conform to the standards of this chapter and is allowed or conditionally allowed pursuant to this subsection shall require the issuance of a certificate of compliance prior to any such activity.

(2) Repair, Reconstruction or Minor Improvements within Landslide Hazards or Floodways. Repair, replacement or minor improvements of a pre-existing use or structure within a landslide hazard (includes channel meander hazards) or floodway shall comply with the following:

(a) Consistent with RCW 86.16.041(2)(a), Floodplain Management, which states: “Restriction of land uses within designated floodways including the prohibition of construction or reconstruction of residential structures except for: (i) Repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and (ii) Repairs, reconstruction or improvements to a structure the cost of which does not exceed fifty percent of the market value of the structure either: (A) before the repair, reconstruction, or repair is started, or (B) if the structure has been damaged and is being restored before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty percent determination.”

(b) Pre-existing structures for human occupation located within a landslide hazard (includes meander hazards) may not be reconstructed or replaced without meeting the provisions of this chapter unless a variance or reasonable use exception approval is granted by the applicable review authority pursuant to this chapter.