Ord-2021-006 - Laserfiche WebLink

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Kittitas County Shoreline Master Program 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. 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). Chapter 7 March 7, 2016 140