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If, at the effective date of the SMP, February 6, 2013, or any amendment thereto, a lawful structure or other improvement exists which is made no longer permissible under the terms of this SMP or amendment thereto, such structure or other improvement may be continued as a legal pre-existing structure or other improvement so long as it remains otherwise lawful, subject to the following conditions:

A. No legal pre-existing structure or other improvement shall be altered or changed in a way which increases its nonconformity except as allowed in subsection B of this section.

B. Expansions of legal pre-existing structures that are not consistent with respect to any required shoreline buffer:

1. May not encroach any further waterward into the required buffer unless allowed through the provisions of Chapter 13.13 BMC and any mitigation requirements.

2. Greater expansions or alterations of a legal pre-existing structure may require a shoreline variance.

C. Nothing in this section will prohibit vertical expansion to the height limits allowed in the applicable use environment, provided all other requirements of city development regulations are met.

D. Upkeep, repairs and maintenance of a legal pre-existing structure or other improvement shall be permitted.

E. Internal modifications or revisions such as tenant improvements that do not alter any portion of the building exterior to site area shall be permitted. (Ord. 2112 § 3 (Exh. C), 2013).