If my home is unoccupied for 12 months in a row, do I forfeit the right to live in my house?

No. You do not forfeit the right to live in your house if it is unoccupied 12 months in a row, or for any amount of time. We believe this concern may be based in a misunderstanding of the term “non-conforming use.” A non-conforming use is one that is not permitted in the underlying shoreline designation. For example, a commercial amusement facility is not permitted in the Island Conservancy designation but may be present because it was established prior to effective date of the current regulations. As a non-conforming use, the commercial facility would be allowed to remain until such time the use is discontinued for 12 consecutive months. On the other hand, single-family residential use is a permitted use in all shoreline designations except Natural and is not subject to non-conforming use regulations in the SMP.

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1. Hasn’t the City’s SMP been challenged and overturned in court?
2. Aren’t requirements for shoreline buffers and setbacks a “taking” of private property rights?
3. We keep hearing that the SMP has drastically lowered our property values and will make it extremely difficult to sell our home. Is this true?
4. Can I be fined for not getting City approval for everyday activities?
5. Do I need City approval to maintain my yard?
6. Can I make changes in my garden without City approval?
7. Do I need City approval to prune my trees?
8. If I remove a hazard tree (dead, diseased or dying), do I have to leave it in my yard?
9. Is the goal of the SMP to phase out all single-family docks over time?
10. Is the intent of the SMP to phase out all homes & docks on the shoreline over time?
11. Can I replace my bulkhead under the new SMP?
12. I keep hearing that the new SMP made virtually every home along the shore “non-conforming.” Is this true?
13. How is my existing shoreline home affected by the new buffer standards in the updated SMP?
14. Can I rebuild my house in the same location if it burns down?
15. If my home is unoccupied for 12 months in a row, do I forfeit the right to live in my house?