Agenda - Planning Commission - 04/27/2023

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1 a. Proposed conversions must be initially evaluated using the same procedures for residential 2 planned unit developments involving all new construction. Inconsistencies between existing 3 features of the development and these standards must be identified. 4 b. Deficiencies involving water supply and sewage treatment, structure color, impervious 5 coverage, open space, and shore recreation facilities must be corrected as part of the 6 conversion or as specified in the conditional use permit. 7 c. Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements 8 made as part of the conversion. These improvements must include, where applicable, the 9 following: 10 1. Removal of extraneous buildings, docks, or other facilities that no longer need to be 11 located in shore or bluff impact zones; 12 2. Remedial measures to correct erosion sites and improve vegetative cover and screening 13 of buildings and other facilities as viewed from the water; and 14 3. If existing dwelling units are located in shore or bluff impact zones, conditions are 15 attached to approvals of conversions that preclude exterior expansions in any dimension 16 or substantial alterations. The conditions must also provide for future relocation of 17 dwelling units, where feasible, to other locations, meeting all setback and elevation 18 requirements when they are rebuilt or replaced. 19 d. Existing dwelling unit or dwelling site densities that exceed standards may be allowed to 20 continue but must not be allowed to be increased, either at the time of conversion or in the 21 future. Efforts must be made during the conversion to limit impacts of high densities by 22 requiring seasonal use, improving vegetative screening, centralizing shore recreation 23 facilities, installing new sewage treatment systems, or other means. 24 25 26 934 Shoreland Overlay District Nonconformities 27 All legally established nonconformities as of the date of the ordinance from which this subdivision is 28 derived may continue, but they will be managed according to applicable state statutes and other 29 regulations of this community for the subjects of alterations and additions, repair after damage, 30 discontinuance of use, and intensification of use; except that the following standards will also apply in 31 shoreland areas: 32 (A) Construction on nonconforming lots of record. 33 a. Lots of record in the office of the county recorder on the date of enactment of local shoreland 34 controls that do not meet the requirements of this subdivision may be allowed as building sites 35 without variances from lot size requirements provided the use is permitted in the zoning district, 36 the lot has been in separate ownership from abutting lands at all times since it became 37 substandard, was created compliant with official controls in effect at the time, and sewage 38 treatment and setback requirements of this subdivision are met. 39 b. A variance from setback requirements must be obtained before any use,sewage treatment system, 40 or building permit is issued for a lot. In evaluating the variance, the Planning Commission shall 41 consider sewage treatment and water supply capabilities or constraints of the lot and shall deny 42 the variance if adequate facilities cannot be provided. 43 c. If, in a group of two or more contiguous lots under the same ownership,any individual lot does not 44 meet the requirements of this subdivision, the lot must not be considered as a separate parcel of 45 land for the purposes of sale or development. The lot must be combined with the one or more 46 contiguous lots so they equal one or more parcels of land, each meeting the requirements of this 47 subdivision as much as possible. 48 (6) Additions/expansions to nonconforming structures. Page 137 of 147