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2005-05-03 P & Z Agenda
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2005-05-03 P & Z Agenda
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<br />suitability cannot be made with publicly available, existing information, it shall then <br />be the responsibility of the applicant to provide sufficient soil borings and <br />percolation tests from on-site field investigations. <br /> <br />Evaluation criteria: <br />(I) depth to the highest known or calculated ground water table or bedrock; <br />(2) soil conditions, properties, and permeability; <br />(3) slope; <br />(4) the existence oflowlands, local surface depressions, and rock outcrops; <br /> <br />E. Nonconforming sewage treatment systems shall be regulated and upgraded in <br />accordance with section 6.13 of this ordinance. <br /> <br />SECTION 6.0 - NONCONFORMITIES <br /> <br />All legally established nonconformities as of the date of this ordinance may continue, but they will be <br />managed according to applicable state statutes and other regulations of this community for the subjects of <br />alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that <br />the following standards will also apply in shoreIand 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 oflocal <br />shoreIand controls that do not meet the requirements of Section 5.1 of this ordinance may <br />be allowed as building sites without variances from lot size requirements provided the use <br />is pennitted in the zoning district, the lot has been in separate ownership from abutting <br />lands at all times since it became substandard, was created compliant with official controls <br />in effect at the time, and sewage treatment and setback requirements ofthis ordinance are <br />met. <br /> <br />B. A variance from setback requirements must be obtained before any use, sewage treatment <br />system, or building permit is issued for a lot. In evaluating the variance, the board of <br />adjustment shall consider sewage treatment and water supply capabilities or constraints of <br />the lot and shall deny the variance if adequate facilities cannot be provided. <br /> <br />C. If, in a group of two or more contiguous lots under the same ownership, any individual lot <br />does not meet the requirements of Section 5.1 of this ordinance the lot must not be. <br />considered as a separate parcel of land for the purposes of sale or development. The lot <br />must be combined with the one or more contiguous lots so they equal one or more parcels <br />ofland, each meeting the requirements of Section 5.1 ofthis ordinance as much as <br />possible. <br /> <br />6.2 Additions/expansions to nonconforming structures. <br /> <br />A. All additions or expansions to the outside dimensions of an existing nonconforming <br />structure must meet the setback, height, and other requirements of Section 5.0 of this <br />ordinance. Any deviation from these requirements must be authorized by a variance <br />pursuant to Section 3.3. <br />
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