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with RCW 90.58, the Shoreline Management Act, and other rules and guidelines adopted by the Washington State Department of Ecology. (Ord. 2016-006, 2016) 17B.07.020 Applicability. 1. Generally. Except when specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to RCW Chapter 90.58, the Shoreline Management Act, and this master program. No substantial development shall be undertaken on shorelines of the state without first obtaining a permit. See also KCC 17B.01.070 Applicability. 2. Agricultural activities on agricultural lands. Nothing in this title shall require modification of or limit agricultural activities occurring on agricultural lands. However, new agricultural activities on land not meeting the definition of agricultural land, conversion of agricultural lands to other uses, and development not meeting the definition of agricultural activities are subject to the provisions of this title. 3. Prior development. The provisions of WAC 173-27-070 shall apply to substantial development undertaken prior to the effective date of the Act. 4. Nonconformance. a. Applicability. i. The following provisions apply to lots, structures and uses lawfully established prior to the effective date of this master program, or amendments thereto, which do not conform to the current regulations or standards of this program. ii. The following provisions do not apply to lots, structures or uses that were unlawfully established. b. Nonconforming lots. i. An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high water mark which was established in accordance with local and state subdivision requirements prior to the effective date of this master program but which does not conform to the present lot size standards may be developed as permitted by the land use regulations of the local government so long as such development conforms to all other requirements of the applicable master program and the Act. c. Nonconforming structures. i. Nonconforming structures may be maintained, repaired, renovated, and remodeled, provided such activity does not enlarge or expand the structure. ii. Nonconforming structures may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction would not be allowed for new development. iii. Enlarging or expanding a nonconforming non-residential structure in a manner that increases the extent of nonconformity requires a variance. iv. Enlarging or expanding nonconforming residential structures used for a conforming use in a manner that increases the extent of nonconformity may be allowed if the change is consistent with the provisions of this Program and demonstrates no net loss of shoreline ecological functions. v. Nonconforming single-family residences may increase their height within the existing structural footprint up to maximum of thirty-five (35) feet without requiring a variance. vi. A nonconforming structure which is moved any distance must be brought into conformance with this Program and the Act.