35.25.040 Regulations – Existing structures.
(1) Structures, lots, and lots of record lawfully existing before the effective date of this Program (or any amendment thereto impacting them) that do not meet the specific standards of this Program shall be considered “grandfathered” as that term is defined in Chapter 35.55 CCC. Grandfathered structures are classified as follows:
(a) Existing, Permitted, or Vested. The building, structure, or lot was existing on the effective date of initial adoption of the Program (August 5, 1976), or any subsequent amendment thereto, or was authorized under a permit or approval issued, or is otherwise vested to the Program; or
(b) Variance. A structure for which a variance has been issued; or
(c) Conditional. The structure would be designated as a conditional use under this Program and has not obtained a conditional use permit.
(2) Grandfathered structures may continue as long as they remain otherwise lawful, and meet all of the requirements of this article.
(3) Except for single-family residential developments, any grandfathered structures that are expanded, enlarged or relocated must obtain a variance or be brought into conformance with this Program and Chapter 90.58 RCW. Any grandfathered structure that is moved any distance must be moved to comply with the bulk and dimensional requirements of this Program.
(4) Any grandfathered rights shall expire and any subsequent use of the structure shall be conforming if the structure is abandoned as that term is defined in Chapter 35.55 CCC.
(5) Normal maintenance and repair of a grandfathered structure may be allowed in accordance with this chapter, other provisions of this Program, and Chapter 33.43 CCC. For structures within floodplains, if the normal repair/routine maintenance exceeds 50 percent of the fair market value of the structure it shall be considered substantial improvement and subject to the standards for new floodplain development in CCC 35.35.160.
(6) Rebuilding After Damage. If a grandfathered residential structure or accessory structure sustains structural damage due to fire, flood or other natural casualty the structure may be reconstructed upon its original site and to the configuration existing immediately prior to the damage; provided, that:
(a) The structure is located outside of geologically hazardous areas as defined in this Program. If the structure is within a geologically hazardous area, the Administrator may allow the reconstruction if the proponent provides a geotechnical or geological evaluation by a qualified professional which indicates the structure will be safe for a period of 75 years. The geotechnical/geological study shall conform to the applicable provisions in CCC 35.35.140;
(b) The structure is located outside the floodway. If a structure located within the floodway sustains major damage whereby the cost of restoring the structure to its “before damaged” condition would equal or exceed 50 percent of the market value of the structure before the damage occurred, it shall be reconstructed outside the floodway according to the floodplain regulations in CCC 35.35.160 and other applicable National Flood Insurance Program requirements. Improvements and repairs must be protected against occurrence of the one percent annual chance flood through elevation or other measures. Structures located within the floodway shall not be rebuilt within the floodway;
(c) The structure may not be expanded, horizontally or vertically, except as otherwise allowed by this article and Program;
(d) No degree of relocation will occur, except that move of the structure further landward from the ordinary high water mark is allowed and encouraged;
(e) The submittal of applications for permits necessary to restore the development is begun within six months of the damage. The Administrator may waive this requirement in situations with extenuating circumstances such as resolution of an estate, or widespread economic or natural disaster; and
(f) The reconstruction is commenced within two years of the issuance of permits. Administrator may allow a one-year extension.
(7) Expansion/Enlargement of Single-Family Residence or Appurtenant Structure.
(a) Administrative Approval. The Administrator may allow a one-time enlargement, expansion or addition to a grandfathered, single-family residence or appurtenant structure that would not otherwise be allowed under this Program, if all of the following criteria are met:
(i) The enlargement or addition does not expand the total footprint of the existing structure by more than 400 square feet.
(ii) The expansion or addition does not adversely impact critical areas or significantly impair the ability of a substantial number of people to view the shoreline.
(iii) The structure is located landward of the ordinary high water mark.
(iv) No waterward enlargement or expansion beyond the existing structure’s foundation walls will occur.
(v) An equivalent area of shoreline buffer is enhanced through planting of native vegetation. The Administrator shall require a planting plan to ensure this standard is implemented.
(b) Conditional Use Approval Required. Enlargements, expansions or additions that do not meet all of the criteria in subsection (7)(a) of this section and where expansion/enlargement occurs laterally or landward, but not waterward, shall require a conditional use permit criteria pursuant to Chapter 35.50 CCC.
(c) Variance Approval Required. Enlargement or expansion of a single-family residence or appurtenant structure that does not meet all of the criteria in subsection (7)(a) of this section that would extend waterward beyond the existing foundation walls, further into a shoreline buffer or critical area, or that increases the structure height above the limits established by this Program shall require a variance pursuant to Chapter 35.50 CCC.
(8) Expansion/Enlargement within Floodplains.
(a) Substantial expansion, enlargement, or improvements of existing residential structures defined as more than 50 percent of the present fair market value of the structure within the one percent annual chance floodplain must have the lowest floor, including basement, elevated to or above the one percent annual chance flood level.
(b) Substantial expansion, enlargement, or improvements of existing nonresidential structures as defined in subsection (8)(a) of this section shall have the option of elevating the lowest floor, including basement, to be at least one foot above the one percent annual chance flood level, or together with accessory utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.