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(a) An existing nonconforming structure in the shoreland that was lawfully placed when constructed but that does not comply with the required shoreland setback may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the nonconforming structure. Further, an existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level. Expansion of a structure beyond the existing footprint may be permitted if the expansion is necessary to comply with applicable state or federal requirements.

(b) An existing nonconforming principal structure in the shoreland that was lawfully placed when constructed but that does not comply with the required building setback may be expanded laterally; provided, that all of the following requirements are met:

1. The use of the structure has not been discontinued for a period of 12 months or more if a nonconforming use.

2. The existing principal structure is at least 35 feet from the ordinary high-water mark.

3. Lateral expansions are limited to a maximum of 200 square feet over the life of the structure. No portion of the expansion may be any closer to the ordinary high-water mark than the closest point of the existing principal structure.

4. the County shall issue a permit that requires a mitigation plan that shall be approved by the County and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in section 12.09.100 (Mitigation).

5. All other provisions of the shoreland ordinance shall be met.

(c) An existing nonconforming principal structure in the shoreland that was lawfully placed when constructed but that does not comply with the required building setback may be expanded horizontally, landward, or vertically provided that the expanded area meets the building setback requirements and that all other provisions of the shoreland ordinance are met. A mitigation plan is not required solely for expansion under this paragraph, but may be required per section 12.09.020.

(d) An existing nonconforming principal structure in the shoreland that was lawfully placed when constructed but that does not comply with the required building setback may be relocated on the property provided all of the following requirements are met:

1. The use of the structure has not been discontinued for a period of 12 months or more if a nonconforming use.

2. The existing principal structure is at least 35 feet from the ordinary high-water mark.

3. No portion of the relocated structure is located any closer to the ordinary high-water mark than the closest point of the existing principal structure.

4. the County determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for relocation that will result in compliance with the shoreland setback requirement.

5. the County shall issue a permit that requires a mitigation plan that shall be approved by the County and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in section 12.09.100 (Mitigation), and include enforceable obligations of the property owner to establish or maintain measures that the County determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the County Register of Deeds.

6. All other provisions of the shoreland ordinance shall be met.

(e) Maintenance, Repair, Replacement or Vertical Expansion of Structures that were Authorized by a Variance. s. 59.692(1k)(a)2. and (a)4.)

A structure of which any part has been authorized to be located within the shoreland setback area by a variance granted before July 15, 2015 may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the authorized structure. Additionally, the structure may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements. [Code § 12.28-11.]