BOCC Exhibits A-E ECY Approved SMP-Code Amendments

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Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance Kittitas County Shoreline Master Program Exhibit D | March 2016 | Page 309 of 339 vi. A nonconforming structure which is moved any distance must be brought into conformance with this Program and the Act. vii. Damaged nonconforming structures outside frequently flooded areas may be reconstructed to those configurations existing immediately prior to the time the development was damaged. Reconstruction of nonconforming development located in frequently flooded areas shall comply with reconstruction regulations contained within the Kittitas County Flood Prevention Ordinance (KCC Chapter 14.08– December 2014). d. Nonconforming uses. i. Nonconforming uses may be continued consistent with their lawfully established scale and range of uses. ii. A structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit. In addition to the conditional use permit criteria of KCC 17B.07.060(3), a conditional use permit for a change in a nonconforming use may be approved only upon a finding that: (a) No reasonable alternative conforming use is practical because of the configuration of the structure and/or the property; (b) The proposed use will be at least as consistent with the policies and provisions of the Act and this Program and as compatible with the uses in the area as the pre-existing use; (c) The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose; (d) The structure(s) associated with the nonconforming use shall not be expanded in a manner that increases the extent of the non-conformity, including encroachment into areas such as setbacks, and any critical areas and/or associated buffers where new structures, use, or development would not be allowed; (e) The shoreline buffer and vegetation conservation standards of this Program are met (see KCC 17B.05.050); (f) The change in use, remodel, or expansion will not create adverse impacts to shoreline ecological functions and/or processes; (g) Uses which are specifically prohibited or which would thwart the intent of the Act or this Program shall not be authorized; and (h) Conditions necessary to assure that the use will not become a nuisance or a hazard have been attached to the permit. e. Redevelopment of nonconforming rights-of-way and associated transportation structures, such as railroad trestles, may be permitted for purposes of facilitating the development of public trails and/or public shoreline access; provided, that such redevelopment shall be otherwise consistent with the provisions of this Program, including, but not limited to, the provisions for public access and no net loss of shoreline ecological functions and processes, except as provided for in KCC 17B.07.030 of this chapter. f. If a nonagricultural nonconforming use is discontinued for twelve (12) consecutive months or for twelve (12) months during any two-(2)-year period, the nonconforming rights shall expire and any subsequent use shall be conforming.