35.25.030 Regulations – Existing uses.
(1) Uses or developments lawfully existing before the effective date of this Program, with the exception of existing over-water residences and existing non-water-oriented commercial or industrial uses, shall be considered grandfathered as that term is defined in Chapter 35.55 CCC.
(2) Over-water residences and non-water-oriented commercial or industrial uses lawfully existing before the effective date of this Program shall be considered a nonconforming use as that term is defined in Chapter 35.55 CCC.
(3) All grandfathered uses or developments may be repaired, maintained, expanded, sold or modified in a manner consistent with this Program.
(4) All nonconforming uses or developments may continue and may be repaired and maintained in a manner consistent with this Program.
(5) Changing an Existing Grandfathered Use.
(a) A grandfathered structure that is being or has been used for a use that does not conform to this Program may be used for a different nonconforming use only upon the approval of a conditional use permit in accordance with CCC 35.50.040. Conditions may be imposed to assure that the use will not become a nuisance or a hazard, and to assure that the use will not result in a net loss of the ecological function of the shoreline. In addition, all the following criteria shall be met:
(i) The configuration and/or location of property would not support a conforming use;
(ii) The proposed use will be at least as consistent with Chapter 90.58 RCW and this Program and as compatible with the uses in the area as the preexisting use;
(iii) The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose;
(iv) The structure(s) associated shall not be expanded in a manner that increases the encroachment into buffers established by this Program, or other areas where new structures, development or use would not be allowed;
(v) The change in use or the enlargement, intensification, increase or alteration of the existing use will result in no net loss of shoreline ecological functions and/or processes; and
(vi) Commercial or mixed use developments may be expanded or enlarged within the existing building footprint as a conditional use.
(6) If a use is discontinued for 18 consecutive months or for 18 months during any two-year period, any subsequent use, if allowed, shall comply with this Program.