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(1) Non-conforming uses or developments are shoreline uses or development which were lawfully constructed or established prior to the effective date of this Master Program as approved by Ecology, or amendments to this Master Program as approved by Ecology, but which do not conform to present regulations or standards of this Master Program. Such uses shall conform to all applicable City regulations.

(2) Non-conforming Uses and Structures.

(a) Lots, structures, and uses that were legally established prior to adoption of this Master Program or that were in compliance with this Master Program at the time of initial establishment but, due to revision or amendment of this Master Program, have become noncompliant, are non-conforming uses that may continue without regard to ownership changes, so long as they are in compliance with this Program. A use of property that is unlawful under other local, state, or federal laws shall not be deemed a non-conforming use.

(b) Any use which existed prior to adoption of this Master Program or applicability of this Master Program to the property and which is not listed as a permitted use shall be considered a non-conforming use.

(c) If a non-conforming use is replaced by a conforming use for any length of time, use of the property shall not revert to the non-conforming use. The mere presence of a structure shall not constitute the continuance of a non-conforming use.

(d) In accordance with Pullman City Code Chapter 17.30, when a non-conforming use is discontinued for a period of one year or more without replacement by a conforming use, legal conforming use status expires and further use of the structure or lot must be in compliance with the provisions of this Master Program.

(e) In accordance with Pullman City Code Chapter 17.30, if any non-conforming use is not occupied or operated because its building has sustained damage amounting to less than seventy-five percent (75%) of its value, that use may be reestablished if construction of a new or repaired building begins within one year of the date the damage occurred.

(f) In accordance with Pullman City Code Chapter 17.30, non-conforming single-family dwellings in the C2 and C3 districts may be enlarged or expanded provided that the minimum yard requirements for residences in the R4 zone district are observed.

(3) Non-conforming Lots.

(a) Development on non-conforming lots shall comply with this Master Program and Pullman City Code Section 17.30.040. Any permitted use or structure may be erected on any existing lot or parcel. This provision shall apply even though such lot fails to meet the minimum dimensional requirements of this SMP, provided that such structure is allowed within the shoreline environment designation and all uses of the nonconforming lot shall comply with all other provisions of this Master Program and underlying zoning requirements including minimum yard requirements, dimensional standards, and lot coverage requirements.

(b) Structures and customary accessory buildings on non-conforming lots shall be set back from the OHWM to the greatest extent feasible. Development proposed inside required buffers shall apply mitigation sequencing and shall require a mitigation plan.

(4) Alteration, Expansion, or Restoration of Nonconforming Uses and Structures.

(a) Alteration, expansion, or restoration of non-conforming structures and uses are not allowed except as set forth in this Master Program and in Pullman City Code Section 17.30.030.

(b) Any nonconforming structure which is moved any distance must be brought into conformance with this Master Program and the SMA.

(c) A structure for which a variance has been issued shall be considered a legal non-conforming structure, and the requirements of this Section shall apply as they apply to pre-existing non-conforming structures and uses.

(d) Legally existing structures used for a conforming use but which are non-conforming with regard to setbacks, buffers, or yards; area; bulk; height or density may be maintained and repaired and may be enlarged or expanded, provided that said enlargement does not increase the extent of non-conformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses.

(e) Alteration or expansion of a non-conforming use or structure is allowed if necessary to accommodate handicapped accessibility requirements, fire code, or other life safety related requirements mandated by local, state, or federal law.

(5) Pre-existing Legal Residential Uses. Notwithstanding Subsections 16.55.170(1) through 16.55.170(4), the following shall apply only to pre-existing legal residential structures constructed prior to the effective date of this Chapter:

(a) Residential structures and appurtenant structures that were legally established and are used for a conforming use, but that do not meet standards for the following shall be considered a conforming structure: Setback, buffers, or yards; area; bulk; height; or density.

(b) The City shall allow redevelopment, expansion, or change with the class of occupancy, of the residential structure if it is consistent with the SMP, including requirements for no net loss of shoreline ecological functions. For example, vertical, lateral or anterior expansions that do not intrude farther into a required buffer and which are consistent with the maximum height allowed by this SMP and underlying zoning may be allowed.

(c) Pre-existing legal residential structures that are damaged or destroyed may be replaced to their prior size and location.

(d) For purposes of this Section, “appurtenant structures” means garages, sheds, and other legally established structures. “Appurtenant structures” does not include bulkheads and other shoreline modifications or over-water structures.

(e) Nothing in this Section shall:

(i) Restrict the ability of this Chapter to limit development, expansion, or replacement of over-water structures located in hazardous areas, such as floodplains and geologically hazardous areas; or

(ii) Affect the application of other federal, state, or City requirements to residential structures. (Ord. 16-3 §18, 2016).