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<br />DRAFT <br />Revised July 23, 1998 <br /> <br />determination of a site's suitability cannot be made with publicly available, <br />existing infonnation, it shall then be the responsibility of the applicant to <br />provide sufficient soil borings and percolation tests from on-site field <br />investigations. <br /> <br />Evaluation criteria: <br /> <br />(1) depth to the highest known or calculated ground water table or <br />bedrock; <br />(2) soil conditions, properties, and permeability; <br />(3) slope; <br />(4) the existence of lowlands, local surface depressions, and rock <br />outcrops; <br /> <br />E. Nonconforming sewage treatment systems shall be regulated .and upgraded <br />in accordance with section 6.13 of this ordinance. <br /> <br />SECTION 6.0 - NON CONFORMITIES <br /> <br />All legally established nonconfonnities as of the date of this ordinance may continue, but they will <br />be managed according to applicable state statutes and other regulations of this community for the <br />subjects of alterations and additions, repair after damage, discontinuance of use, and intenSification <br />of use; except that the following standards will also apply in shoreland areas: <br /> <br />6.1 Construction on nonconforming lots of record. <br /> <br />A. Lots of record in the office of the county recorder on the date of enactment of local <br />shoreland controls that do not meet the requirements of Section 5.1 of this <br />ordinance may be allowed as building sites without variances from lot size <br />requirements provided the use is permitted in the zoning district, the lot has been <br />in separate ownership from abutting lands at all times since it became substandard, <br />was created compliant with official controls in effect at the time, and sewage <br />treatment and setback requirements of this ordinance are met. <br /> <br />B. <br /> <br />A variance from setback requirements must be obtained before any use, sewage <br />treatment system, or building pennit is issued for a lot. In evaluating the variance, <br />the board of adjustment shall consider sewage treatment and water supply <br />capabilities or constraints of the lot and shall deny the variance if adequate facilities <br />cannot be provided. <br /> <br />1 <br /> <br /> <br />If, in a group of two or more contiguous lots under the same ownership, any <br />individual lot does not meet the requirements of Section 5.1 of this ordinance the <br />lot must not be considered as a separate parcel of land for the purposes of sale or <br />. development. The lot must be combined with the one or more contiguous lots so <br />they equal one or more parcels of land, each meeting the requirements of Section <br />5.1 of this ordinance as much as possible. <br /> <br />SMO-ZOO.08! <br /> <br />-30- <br /> <br />260-081-10 <br />