Agenda - Council Work Session - 09/26/2023

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1 b. Deficiencies involving water supply and sewage treatment, structure color, impervious 2 coverage, open space, and shore recreation facilities must be corrected as part of the 3 conversion or as specified in the conditional use permit. 4 C. Shore and bluff impact zone deficiencies must be evaluated and reasonable 5 improvements made as part of the conversion. These improvements must include, 6 where applicable, the following: 7 1. Removal of extraneous buildings, docks, or other facilities that no longer need to 8 be located in shore or bluff impact zones; 9 2. Remedial measures to correct erosion sites and improve vegetative cover and 10 screening of buildings and other facilities as viewed from the water; and 11 3. If existing dwelling units are located in shore or bluff impact zones, conditions are 12 attached to approvals of conversions that preclude exterior expansions in any 13 dimension or substantial alterations. The conditions must also provide for future 14 relocation of dwelling units, where feasible, to other locations, meeting all 15 setback and elevation requirements when they are rebuilt or replaced. 16 d. Existing dwelling unit or dwelling site densities that exceed standards may be allowed 17 to continue but must not be allowed to be increased, either at the time of conversion 18 or in the future. Efforts must be made during the conversion to limit impacts of high 19 densities by requiring seasonal use, improving vegetative screening, centralizing shore 20 recreation facilities, installing new sewage treatment systems, or other means. 21 22 935 Shoreland Overlay District Nonconformities 23 All legally established nonconformities as of the date of the ordinance from which this subdivision is 24 derived may continue, but they will be managed according to applicable state statutes and other 25 regulations of this community for the subjects of alterations and additions, repair after damage, 26 discontinuance of use, and intensification of use; except that the following standards will also apply in 27 shoreland areas: 28 (A) Construction on nonconforming lots of record. 29 (1) Lots of record in the office of the county recorder on the date of enactment of local shoreland 30 controls that do not meet the requirements of this subdivision may be allowed as building 31 sites without variances from lot size requirements provided the use is permitted in the zoning 32 district, the lot has been in separate ownership from abutting lands at all times since it 33 became substandard, was created compliant with official controls in effect at the time, and 34 sewage treatment and setback requirements of this subdivision are met. 35 (2) A variance from setback requirements must be obtained before any use, sewage treatment 36 system, or building permit is issued for a lot. In evaluating the variance, the Planning 37 Commission shall consider sewage treatment and water supply capabilities or constraints of 38 the lot and shall deny the variance if adequate facilities cannot be provided. 39 (3) If, in a group of two or more contiguous lots under the same ownership, any individual lot 40 does not meet the requirements of this subdivision, the lot must not be considered as a 41 separate parcel of land for the purposes of sale or development. The lot must be combined 42 with the one or more contiguous lots so they equal one or more parcels of land, each meeting 43 the requirements of this subdivision as much as possible. 44 (6) Additions/expansions to nonconforming structures. 45 (1) All additions or expansions to the outside dimensions of an existing nonconforming structure 46 must meet the setback, height, and other requirements of this subdivision. Any deviation 47 from these requirements must be authorized by a variance. Page 149 of 160