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440 Big Island - 23-117-23-32-0078
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Project Packet
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Municode Page 4 of 18 <br />department of natural resources. All dockage or structures shall remain subject to <br />council review and approval. <br />(Code 1984, § 10.31(2); Ord. No . 90 3rd series,§ 11, 12-12-2011) <br />Sec. 78-565. Conditional uses. <br />Within any RS seasonal recreational district, no land or structures shall be used for the <br />following uses except by conditional use permit: <br />(1) Principal dwellings. One-family detached dwellings used or occupied for 181 days or <br />more in any one year, or any dwelling regardless of the duration of use for which the <br />owner wishes to claim a principal residence homestead tax credit. A conditional use <br />permit may be issued for such nonseasonal dwelling use, provided the applicant <br />demonstrates and the council finds that the property is large enough to be <br />permanently self-supporting in terms of water supply and sewage treatment, and that <br />extra private precautions are taken for fire protection and security of persons and <br />property, as follows: <br />a. The minimum dry buildable record lot area required for approval of a principal <br />dwelling conditional use permit without a variance shall be 5 .0 acres . Approval <br />of a principal dwelling conditional use permit on an existing record lot of less <br />than 5.0 acres shall be subject to strict showing of compliance with health and <br />sanitation performance standards. <br />b. An on-site sewage treatment system shall be provided in conformance with the <br />requirements of section 78-574 <br />c . A domestic water well shall be provided which conforms to current state health <br />department regulations for depth, for setback from lake, wetland and sewage <br />treatment system components, and which is capable of supplying domestic fire <br />protection. <br />d. The dwelling shall be built or rebuilt to conform to current state building code <br />requirements, including provision for a permanent foundation, a heating system <br />and insulation conforming to energy code standards . <br />e. The dwelling shall be equipped with approved smoke detection devices, and <br />with some form of manual or automatic fire extinguishing equipment. <br />f. The dwelling shall be provided with telephone service . <br />g. The lot or parcel shall be located directly on the shoreline or other access shall <br />be available via a privately improved and maintained access to the shoreline . <br />h . All property in common ownership shall be combined into one tax parcel if <br />contiguous; or if separated by public rights-of-way, a special lot combination <br />form shall be executed and filed in the chain of title of each separate parcel. <br />(2) Guest cabins . Accessory separate dwellings or sleeping quarters containing indoor <br />toilet and/or kitchen facilities located on the same lot, parcel or property as a permitted <br />seasonal dwelling or as a conditionally permitted principal dwelling. A conditional use <br />permit may be issued for one or more private guest cabins , provided the applicant <br />demonstrates and the council finds that the additional living or sleeping facilities will <br />not contribute to overcrowding or overuse of a small property or will not adversely <br />affect neighboring properties, and that extra private precautions are taken for fire <br />protection and security of persons and property, as follows: <br />a. <br />http:/ !library .municode.com/print.aspx?h=&clientID= 13094&HTMRequest=http%3a%2f... 3/13/2014
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