Ordinance - #23-14 - 11/14/2023 - Laserfiche WebLink

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1 4. Structures, parking areas, and other facilities must be treated to reduce visibility as 2 viewed from public waters and adjacent shorelands by vegetation, topography, 3 increased setbacks, color, or other means acceptable to the local unit of 4 government, assuming summer, leaf -on conditions. Vegetative and topographic 5 screening must be preserved, if existing, or may be required to be provided; 6 5. Accessory structures and facilities, except water oriented accessory structures, 7 must meet the required principal structure setback and must be centralized; and 8 6. Water -oriented accessory structures and facilities may be allowed if they meet or 9 exceed design standards contained in this subdivision and are centralized. 10 (5) Conversions. Local governments may allow existing resorts or other land uses and facilities to 11 be converted to residential planned unit developments if all of the following standards are met: 12 a. Proposed conversions must be initially evaluated using the same procedures for 13 residential planned unit developments involving all new construction. Inconsistencies 14 between existing features of the development and these standards must be identified. 15 b. Deficiencies involving water supply and sewage treatment, structure color, impervious 16 coverage, open space, and shore recreation facilities must be corrected as part of the 17 conversion or as specified in the conditional use permit. 18 c. Shore and bluff impact zone deficiencies must be evaluated and reasonable 19 improvements made as part of the conversion. These improvements must include, where 20 applicable, the following: 21 1. Removal of extraneous buildings, docks, or other facilities that no longer need to 22 be located in shore or bluff impact zones; 23 2. Remedial measures to correct erosion sites and improve vegetative cover and 24 screening of buildings and other facilities as viewed from the water; and 25 3. If existing dwelling units are located in shore or bluff impact zones, conditions are 26 attached to approvals of conversions that preclude exterior expansions in any 27 dimension or substantial alterations. The conditions must also provide for future 28 relocation of dwelling units, where feasible, to other locations, meeting all setback 29 and elevation requirements when they are rebuilt or replaced. 30 d. Existing dwelling unit or dwelling site densities that exceed standards may be allowed to 31 continue but must not be allowed to be increased, either at the time of conversion or in 32 the future. Efforts must be made during the conversion to limit impacts of high densities 33 by requiring seasonal use, improving vegetative screening, centralizing shore recreation 34 facilities, installing new sewage treatment systems, or other means. 35 36 945 Shoreland Overlay District Nonconformities 37 All legally established nonconformities as of the date of the ordinance from which this subdivision is 38 derived may continue, but they will be managed according to applicable state statutes and other regulations 39 of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, 40 and intensification of use; except that the following standards will also apply in shoreland areas: 41 (A) Construction on nonconforming lots of record. 42 (1) Lots of record in the office of the county recorder on the date of enactment of local shoreland 43 controls that do not meet the requirements of this subdivision may be allowed as building sites 44 without variances from lot size requirements provided the use is peiniitted in the zoning district, 45 the lot has been in separate ownership from abutting lands at all times since it became 46 substandard, was created compliant with official controls in effect at the time, and sewage 47 treatment and setback requirements of this subdivision are met. 48 (2) A variance from setback requirements must be obtained before any use, sewage treatment 49 system, or building permit is issued for a lot. In evaluating the variance, the Planning 50 Commission shall consider sewage treatment and water supply capabilities or constraints of 51 the lot and shall deny the variance if adequate facilities cannot be provided. Attachment A — Ordinance #23-14 Page 132 of 141