13.15.040 Legal pre-existing uses of land.
If, at the effective date of the SMP, February 6, 2013, or any amendment thereto, a lawful use of land exists that is made no longer permissible under the terms of this SMP or any amendments thereto, such use may be continued as a legal use so long as it remains otherwise lawful, subject to the following conditions:
A. No legal pre-existing use shall be intensified, enlarged, increased or extended to occupy a greater area of land than was occupied on the effective date of the SMP, February 6, 2013, or the amendment that made the pre-existing use no longer permissible; provided, that a legal pre-existing use may be enlarged, increased or extended in conformance with applicable bulk, dimensional and buffer standards of this SMP upon approval of a shoreline conditional use permit.
B. No legal pre-existing use shall be moved in whole or in part to any other portion of the lot which contains the nonconforming use.
C. If any legal pre-existing use of land ceases for any reason for a period of one year over a three-year period, any subsequent use of such land shall conform to the regulations specified by this SMP for the use environment in which such land is located.
D. A structure which is being or has been used for a legal pre-existing use may be used for a different legal pre-existing use only upon a finding that:
1. No reasonable alternative conforming use is practical; and
2. The proposed use will be at least as consistent with the policies and provisions of the SMP and be compatible with the uses allowed by the underlying land use zoning classification.
3. In addition the shoreline administrator or hearing examiner may attach conditions to the permit that are deemed necessary to assure compliance with the above criteria, the requirements of the master program and the Act and to assure that the use will not become a nuisance or a hazard. (Ord. 2112 § 3 (Exh. C), 2013).