(1) This article applies to uses, developments, nonconforming lots, lots and lots of record (as those terms are defined in Chapter 35.55 CCC) that existed or were lawfully established prior to the effective date of this Program but do not conform to the regulations of this Program.

(2) Consistent with RCW 90.58.620 and WAC 173-27-080, single-family residences and appurtenant structures located landward of the ordinary high water mark that were legally established prior to the effective date of this Program, but do not conform to the regulations of this Program, are considered conforming structures for the purposes of this Program.