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<br />Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance <br />Kittitas County Shoreline Master Program Exhibit D | March 2016 | Page 308 of 339 <br /> <br /> <br />17B.07.010 Purpose. <br />The purpose of this Shoreline Management Program is to provide for the administration and <br />management of uses and development within the shoreline jurisdiction in a manner consistent <br />with RCW 90.58, the Shoreline Management Act, and other rules and guidelines adopted by the <br />Washington State Department of Ecology. <br /> <br />17B.07.020 Applicability. <br />1. Generally. Except when specifically exempted by statute, all proposed uses and <br />development occurring within shoreline jurisdiction must conform to RCW Chapter 90.58, <br />the Shoreline Management Act, and this master program. No substantial development shall <br />be undertaken on shorelines of the state without first obtaining a permit. See also KCC <br />17B.01.070 Applicability. <br />2. Agricultural activities on agricultural lands. Nothing in this title shall require modification of or <br />limit agricultural activities occurring on agricultural lands. However, new agricultural <br />activities on land not meeting the definition of agricultural land, conversion of agricultural <br />lands to other uses, and development not meeting the definition of agricultural activities are <br />subject to the provisions of this title. <br />3. Prior development. The provisions of WAC 173-27-070 shall apply to substantial <br />development undertaken prior to the effective date of the Act. <br />4. Nonconformance. <br />a. Applicability. <br />i. The following provisions apply to lots, structures and uses lawfully established prior <br />to the effective date of this master program, or amendments thereto, which do not <br />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 />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 state <br />subdivision requirements prior to the effective date of this master program but <br />which does not conform to the present lot size standards may be developed as <br />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 program <br />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.