Agenda - Planning Commission - 09/06/2012

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1152 1153 1154 1155 1156 1157 (e)(d)Nonconformites. All legally established nonconformities as of the date of the ordinance from which this subdivision is derived may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: 1158 (1) Construction on nonconforming lots of record. 1159 a. Lots of record in the office of the county recorder on the date of 1160 enactment of local shoreland controls that do not meet the 1161 requirements of this subdivision may be allowed as building sites 1162 without variances from lot size requirements provided the use is 1163 permitted in the zoning district, the lot has been in separate 1164 ownership from abutting lands at all times since it became 1165 substandard, was created compliant with official controls in effect at 1166 the time, and sewage treatment and setback requirements of this 1167 subdivision are met. 1168 b. A variance from setback requirements must be obtained before any 1169 use, sewage treatment system, or building permit is issued for a lot. 1170 In evaluating the variance, the board of adjustment shall consider 1171 sewage treatment and water supply capabilities or constraints of the 1172 lot and shall deny the variance if adequate facilities cannot be 1173 provided. 1174 1175 c. If, in a group of two or more contiguous lots under the same 1176 ownership, any individual lot does not meet the requirements of this 1177 subdivision, the lot must not be considered as a separate parcel of 1178 land for the purposes of sale or development. The lot must be 1179 combined with the one or more contiguous lots so they equal one or 1180 more parcels of land, each meeting the requirements of this 1181 subdivision as much as possible. 1182 (2) Additions/expansions to nonconforming structures. 1183 a. All additions or expansions to the outside dimensions of an existing 1184 nonconforming structure must meet the setback, height, and other 1185 requirements of this subdivision. Any deviation from these 1186 requirements must be authorized by a variance. 1187 1188 b. Deck additions may be allowed without a variance to a structure not 1189 meeting the required setback from the ordinary high water level if all 1190 of the following criteria and standards are met: 32 Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 4 + Alignment: Left + Aligned at: 0.63" + Indent at: 0.88"