Agenda - Planning Commission - 09/05/1995

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Page Three THE ZONING REPORT navigable waters in all Jurisdictions for all new development. If state imposed, waiv- ers or variances must be sought through a state agency or locally, subject to a sign- off :by a state agency within a time period, about 30 days. The shore yard is sub- Ject~ to more stringent regulation of shorelines imposed in other types of regulatory waters, such as mapped floodlands, estuaries, tidal areas and wetlands. Zoning sho(eyards range la depth from 25-100 ft, with 50-75 ft most common. This depth is appl. ied to all shorelines in all zones in most codes but might vary by type of water- bod$, with greater setbacks for ocean or major lake shorelines, for designated major rive.rS and reaches o! rivers, bays and inlets. No setbacks may be required for man- made artificial waterbodies under unified control on the entire circumference sub- Jecti to a site plan for the project. Structures exempt from shore yard setbacks are tho~ permitted on and seaward of shorelines, such as wharves, piers, boat slips, boa~,houaos, seawalls and bulkheads. (Id). ~Side zone ~...a.rds~ .lot s. izes and lot widths~ and maximum impervious surface rs- tie__slate imposed on all uses within water-oriented zones and are imposed as stan- dards for specific water-oriented'conditional uses, such as for marinas and boat- yard~, and for agricultural and residential uses. (idi).~ Development standards set by functional classification of waterbodies. Some stat~ regulations that assign waterbodies to functional classifications might set min- imum depth of shore yards, minimum lot width and lot area for each functional class. (Iv). Development standards for lots whether sewered or unsewered. Many codes quire greater lot areas, lot widths and lot zone side yards for development served by septic systems and are unsewered. Much of this regulation is similar for sewered/ unsewered lots anywhere in the locality, but state regulations might govern the lo- cation of septic tanks and distribution fields to reduce flow of filtered effluents into-the adjoining waters. (b). Seaward of the shoreline} on waters. Structures attached to land allowed seaward of the defined shoreline and floating structures and moorages must meet local zoning code setbacks su~bJect to state and federal limit lines, such as pierhead lines in navigable wa- ters and subject to special regulations 'in designated special waters such as wetlands, floodways, estuaries, harbors, and sensitive environments. (i). F~xed setbacks. Typical water surface side yard setbacks are 5-25 ft, with l0 ft · most!t~pical for the distance between the side lot line extended into the waters and the nearest point of a docked boat; moorage buoys are set no closer than 25 ft to the side yard extended, to allow boats to swing with the movement of wind and tide to 10 it of the side yard extended. The side yard can be waived if two adjoining lots share a pier, dockage and moorage subject to zoning office approval and the recording of the agreement. (ii). Yariable setbacks. A few codes establish setbacks and pier lengths by describing a regulatory Iriangle with its legs being setback lines, subject to lesser setbacks impoiefl by navigational and pierhead lines. The setback area within the' intersection of tke legs with the base is truncated to a fixed water side yard, truncated to 5 to 25 ft~ typically about 10 ft. Piers and moored boats must be located within the tri- angle~ setback lines. There are four types of regulatory triangles: (1), an isosceles triangle with the base along the shoreline and the vertex of the two equal legs comifig together seaward of the base approximately near the midpoint extended from the lot shoreline; (2), a triangle with unequal angles between its base and the legs, August 4, 1995 Issue