(1) Structures that were legally established and are used for a conforming use but are nonconforming with regard to setbacks, buffers, yards, area, bulk, height or density may continue as legal nonconforming structures and may be maintained and repaired.

(2) Nonconforming structures may be enlarged or expanded; provided, that the enlargement or expansion does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction would not be allowed for new structures, unless a shoreline variance permit is obtained.

(3) Nonconforming single-family residences that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173-27-040(2)(g).

(4) A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities.

(5) A nonconforming structure which is moved any distance must be brought as closely as practicable into conformance with the applicable master program and the Washington State Shoreline Management Act.

(6) If a nonconforming development is damaged to an extent not exceeding 75 percent of the replacement cost of the original development, it may be reconstructed to the configuration existing immediately prior to the time the development was damaged; provided, that an application is made for the permits necessary to restore the development within two years of the date the damage occurred.

(7) The expansion or enlargement may not result in a net loss of ecological functions. (Ord. 1475 § 4 (Att. D), 2019; Ord. 1373 § 46, 2014).