CITY OF DES MOINES SHORELINE MASTER PROGRAM

Des Moines Shoreline Master Program
6.3.1 Prohibited Uses
The following uses are prohibited in all shoreline environments:
1. Agricultural activities;
2. Forest management practices;
3. Ports and related industry;
4. Mining;
5. Commercial aquaculture;
6. Solid waste disposal facilities; and
7. Billboards.
6.3.2 Non-Conforming Uses and Developments
1. Provisions contained in the following sections of the Des Moines Zoning Code for
Nonconforming Buildings and Uses (DMMC 18.48) are hereby incorporated into this SMP
as though fully set forth herein:
a. 18.48.030. Effect of removal or destruction of nonconforming buildings (last revised
1999, Ordinance #1240);
b. 18.48.040. Reconstruction of buildings partially destroyed or damaged (last revised 1999,
Ordinance #1237); and
c. 18.48.050. Structural alteration or enlargement of nonconforming buildings (last revised
1964, Ordinance #175).
2. All references to zones or zoning classifications in the aforementioned sections shall be
construed as referring to shoreline environment designations established by this SMP. In
addition to the provisions incorporated by reference, all other provisions in this section shall
also apply.
3. Uses and developments that were legally established and are nonconforming with regard to
the use regulations of the master program may continue as legal nonconforming uses. Such
uses shall not be enlarged or expanded, except that nonconforming single-family residences
that are located landward of the ordinary high water mark may be enlarged or expanded in
conformance with applicable bulk and dimensional standards by the addition of space to the
main structure or by the addition of normal appurtenances as defined in WAC 173-27-040
(2)(g) upon approval of a Conditional Use Permit.
4. A use which is listed as a conditional use but which existed prior to adoption of the master
program or any relevant amendment and for which a Conditional Use Permit has not been
obtained shall be considered a nonconforming use.
5. A structure for which a variance has been issued shall be considered a legal nonconforming
structure and the requirements of this section shall apply as they apply to preexisting
nonconformities.
Department of Ecology approval effective November 1, 2010
Adopted by City of Des Moines Ordinance No. 1502 77