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Kittitas County Shoreline Master Program <br />Chapter 7 138 <br />March 7, 2016 <br />Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance <br />Kittitas County Shoreline Master Program Exhibit A | March 2016 | Page 138 of 339 <br />prior to the effective date of the Act. <br /> <br />4. Nonconformance <br />a. Applicability. <br />i. The following provisions apply to lots, structures and uses lawfully established <br />prior to the effective date of this master program, or amendments thereto, which <br />do not conform to the current regulations or standards of this program. <br />ii. The following provisions do not apply to lots, structures or uses that were <br />unlawfully established. <br /> <br />b. Nonconforming lots. <br />i. An undeveloped lot, tract, parcel, site, or division of land located landward of the <br />ordinary high water mark which was established in accordance with local and <br />state subdivision requirements prior to the effective date of this master program <br />but which does not conform to the present lot size standards may be developed <br />as permitted by the land use regulations of the local government so long as such <br />development conforms to all other requirements of the applicable master <br />program and the act. <br />c. Nonconforming structures. <br />i. Nonconforming structures may be maintained, repaired, renovated, and <br />remodeled, provided such activity does not enlarge or expand the structure. <br />ii. Nonconforming structures may be enlarged or expanded provided that said <br />enlargement does not increase the extent of nonconformity by further <br />encroaching upon or extending into areas where construction would not be <br />allowed for new development. <br />iii. Enlarging or expanding a nonconforming non-residential structure in a manner <br />that increases the extent of nonconformity requires a variance. <br />iv. Enlarging or expanding nonconforming residential structures used for a <br />conforming use in a manner that increases the extent of nonconformity may be <br />allowed if the change is consistent with the provisions of this Program and <br />demonstrates no net loss of shoreline ecological functions. <br />v. Nonconforming single-family residences may increase their height within the <br />existing structural footprint up to maximum of thirty-five (35) feet without requiring <br />a variance. <br />vi. A nonconforming structure which is moved any distance must be brought into <br />conformance with this Program and the Act. <br />vii. Damaged nonconforming structures outside frequently flooded areas may be <br />reconstructed to those configurations existing immediately prior to the time the <br />development was damaged. Reconstruction of nonconforming development <br />located in frequently flooded areas shall comply with reconstruction regulations <br />contained within the Kittitas County Flood Prevention Ordinance (KCC Chapter <br />14.08– December 2014).