2004-11-10 CC Meeting (2) - Laserfiche WebLink

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DRAFf Revised July 23, 1998 detennination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation criteria: (1) depth to the highest known or calculated ground water table or bedrock; (2) soil conditions, properties, and permeability; (3) slope; (4) the existence of lowlands, local surface depressions, and rock outcrops; E. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 6.13 of this ordinance. SECTION 6.0 - NONCONFORMITIES All legally established nonconformities as of the date of this ordinance 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: 6.1 Construction on nonconforming lots of record. A. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Section 5.1 of this ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. B. 1 SMO-260.081 A variance from setback requirements must be obtained before any use, sewage treatment system, or building pennit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 5.1 of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section 5.1 of this ordinance as much as possible. -30- 260-081-10