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1016.22: NONCONFORMITIES: All legally established nonconformities as of the date of this Code amendment may continue, but they shall bc managed according to applicable State statutes and other regulations of the City for the subjects of alterations and additions, repair after damage, discontinuance of use and intensification of use. The following standards apply to nonconforming lots and uses in the shoreland management areas: A. Construction on Nonconforming Lots of Record: 1. Lots of record in the office on the County Recorder on the date of enactment of the City shoreland controls (March 27, 1974) that do not meet the requirements of this Chapter may be allowed as building sites without variances from lot size requirements provided; the use is permitted in the zoning district; all sanitary requirements of the City Code are complied with insofar as practical; and the minimum lot size and length of water frontage shall be not less than seventy percent (70%) of standard lot water frontage requirements; the lot has been in separate ownership from abutting lands since the original adoption of the City shoreland controls (March 27, 1974). 2. A variance from setback requirements shall be obtained before any use or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider, in addition to the requirements of Section 10 16.20, public utilities available to the lot and shall deny the variance if adequate facilities cannot be provided. 3. If, in a group of two (2) or more contiguous lots under one ownership since the original adoption of the City shoreland controls (March 27, 1974), any individual lot does not meet the requirements of Section 10 16.17, the lot shall not be considered as a separate parcel of land for the purposes of development. The lot shall be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Sections 1016.14 through 1016.16 of this Chapter. B. Additions/Expansions to Nonconforming Structures: All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Sections 1016.14 through 1016.16. Any deviation from these requirements may only be authorized by a variance pursuant to Section 1016.20. C. Deck Additions: Deck additions may be allowed, without a variance, to a structure which does not meet the required setback from the ordinary high water level, if all of the following criteria and standards are met: 1. The structure existed prior to the date the City's original shoreland stricture setbacks were established on March 27, 1974. 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. 3. The new deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and the deck shall be constructed of materials similar to the materials of the principal structure, wood, or earth tone; and the new deck shall not be roofed or screened. D. Existing Decks: Existing decks, at the date of adoption of this Chapter, which meet the required setbacks and have had valid building permits, may be enclosed as part of the structure. Deck extensions beyond and from a nonconforming, enclosed deck which would increase the nonconforming setback, shall not be permitted. (Ord. 1156, 12-12-94) 1016.23: SUBDIVISION/PLATTING PROVISIONS: A. Land Suitability: Each lot created through subdivision, including planned unit developments authorized under Chapter 1008 of this Title and Section 1016.24 of this Chapter, shall be suitable for the proposed use as defined by the suitability analysis. Suitability analysis shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, availability of City sewer and water, near -shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of Riture residents of the proposed subdivision or of the community.