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A. Any shoreline use, structure or other site improvement (e.g., landscaping, utilities, or parking) that was legally established prior to the effective date of this SMP shall be considered a legal pre-existing use, site or structure if:

1. The legal pre-existing use is now prohibited or cannot meet use limitations applicable to the use environment in which it is located; or

2. The structure or other site improvement does not comply with the dimensions, landscaping, parking, design or other standards of the SMP.

B. A change in the required permit review process (e.g., shoreline substantial development permit versus a shoreline conditional use permit) shall not create a use that is not consistent with the SMP.

C. Any nonconformance that is brought into conformance for any period of time shall forfeit status as nonconformance, except as specified in BMC 13.15.040. (Ord. 2112 § 3 (Exh. C), 2013).