What happens if your home is declared nonconforming?

Last summer, a proposed Critical Areas Ordinance would have declared almost every shoreline home on Bainbridge Island as “nonconforming”. We were advised by attorney Dennis Reynolds that this was a “highly disfavored status”. Specifically, he said the following…

… the proposal results in the approximate 2,200 developed water front lots on land becoming non-conforming, a status highly disfavored under the law. See BIMC § 16.20.080(D)(1) (no change in footprint of existing structures allowed). In addition if a non-conforming uses ceases for more than 180 days, the subsequent use must be conforming. BIMC § 18.87.020(C). This means waterfront property owners must be in residence year-round or lose their rights.

If a building is harmed or destroyed by more than 50% of value, it must conform, meaning the new home would at a minimum have to be constructed beyond 100 feet from the ordinary high water mark. See BIMC § 18.87.030(C).

All shoreline properties would have to have a notice of title restriction per BIMC § 16.20.190 which could cause problems with selling or financing land. For undeveloped shoreline parcels, only 1200 feet of lot coverage would be allowed. See BIMC § 16.20.080(G). These stringent limitations create conflicts with GMA goals and policies found in the Bainbridge Island Comprehensive and Land Use Plan for protection of property rights.

Also see, BIMC § 16.12.390 on nonconforming development.

The Critical Areas ordinance is off the table for now, but the draft Shoreline Master Program (SMP) update being promoted by the Dept. of Ecology in Jefferson County is very similar in its impact. First, it creates buffers that turn existing uses into nonconforming uses, then it tightly restricts what can be done with nonconforming lots, houses and other structures.

If you are concerned about the impact such regulations will have on your property, we suggest that you speak to a land use attorney and consider joining Bainbridge Shoreline Homeowners.