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Ord #243 - 3rd Ser/Amending grading regs
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Ord #243 - 3rd Ser/Amending grading regs
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5/18/2020 10:16:05 AM
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Sec. 78-1252. -Nonconformities. <br /> All legally established nonconformities as of February 24, 1992, may continue subject to applicable <br /> state statutes and as regulated elsewhere in this Code. In shoreland areas,the following standards shall <br /> also apply: <br /> (1) Construction on nonconforming lots of record. Development or use of existing lots of record <br /> shall be regulated as set forth in section 78-72. <br /> (2) Additions/expansions to nonconforming structures. All additions or expansions to the outside <br /> dimensions of an existing nonconforming structure must meet the setback, height, and other <br /> requirements set forth in this chapter.Any deviation from these requirements must be authorized <br /> by a variance pursuant to provisions of this chapter. <br /> (3) Nonconforming sewage treatment systems. A nonconforming sewage treatment system (also <br /> defined as a noncompliant system) as defined in section 58-41 and located within the Shoreland <br /> Overlay District must be upgraded and made conforming, at a minimum, at any time a permit or <br /> variance of any type is required for any improvement on, or use of, the property, except that <br /> systems which are noncompliant due solely to lack of three feet of unsaturated soil or sand <br /> between the distribution device and the limiting soil characteristics shall have seven years in <br /> which to become compliant per the provisions of chapter 58, article II, of this Code. All other <br /> noncompliant sewage treatment system provisions of chapter 58, article II, of this Code shall <br /> apply to all shoreland areas. <br /> Secs. 78-1253-78-1275. - Reserved. <br /> DIVISION 3. - SHORELAND OVERLAY DISTRICT STANDARDS <br /> Sec. 78-1276. -Generally. <br /> The Shoreland Overlay District standards are in addition to the requirements set forth in this chapter <br /> for the various zoning districts. In case of conflict,the most restrictive provision applies. <br /> Sec. 78-1277. -Minimum lot area/lot width standards. <br /> Minimum lot area and lot width standards of the underlying zoning district shall apply,with the <br /> following exceptions: <br /> (1) No lot within 1,000 feet of a general development lake and approved for duplex use per sections <br /> 78-228(84-0), 78-253(8-1-0), 78-303(940), 78-328(9), 78-348(10), or 78-367(10) shall be less than <br /> 135 feet in width nor less than 26,000 square feet in area, if riparian, nor less than 17,500 square <br /> feet in area, if nonriparian, but such lot shall also meet the minimum lot area and width <br /> requirements of the respective underlying zoning district. <br /> (2) No lot within 300 feet of a tributary and approved for duplex use per sections 78-228(8-1-0), 78- <br /> 253(8-10), 78-303(9-1-0), 78-328(9), 78-348(10),or 78-367(10)shall be less than 150 feet in width <br /> when no sewer is available, nor less than 115 feet in width when sewer is available, but such lot <br /> shall also meet the minimum lot width requirements of the respective underlying zoning district. <br /> Sec. 78-1279. - Placement of buildings and structures on lots. <br /> When more than one setback applies to a site, buildings, structures, and facilities must be located to <br /> meet all setbacks. Buildings and structures shall be located as follows: <br /> * Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings <br /> and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various <br /> zoning districts. <br /> (3) Bluff impact zones. Buildings, structures and accessory facilities,except stairways, landings and <br /> lock boxes,must not be placed within bluff impact zones. <br /> Page 12 Final Draft <br />
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