23.60A.206

A. Floating homes, floating on-water residences, house barges, and vessels containing dwelling units that comply with the standards of Sections 23.60A.202 , 23.60A.203 , 23.60A.204 , and 23.60A.214 , respectively, are not subject to the standards of this Section 23.60A.206 . B. All residential uses, other than those described in subsection 23.60A.206.A, where allowed or allowed as a special use or a shoreline conditional use, in each shoreline environment shall comply with the standards in the applicable shoreline environment and the following standards: 1. Residences shall not be constructed over water unless specifically permitted in the applicable shoreline environment. 2. Residences shall be developed in a manner consistent with control of pollution and prevention of damage to the natural environment. 3. Shoreline residential setback a. In addition to the shoreline setbacks required for specific shoreline environments, a shoreline residential set back is required for residences on waterfront lots. Residences shall not be located waterward of the shoreline residential setback and the shoreline setback. b. The shoreline residential setback is calculated as follows: 1) If there are no adjacent existing residences within 100 feet, the shoreline residential set-back is 35 feet landward from the OHW mark; or 2) If there is at least one adjacent residence within 100 feet, the shoreline residential setback is a line parallel to the OHW mark, not farther waterward than adjacent residences and no closer waterward than 35 feet. 3) If a required shoreline residential setback calculated under subsection 23.60A.206.B.3.b.2 exceeds 75 feet from the OHW mark, the Director may reduce the shoreline residential setback to no less than 75 feet if it does not adversely impact the shoreline environment and if views of the shoreline from adjacent existing residences are not blocked. c. Fences and freestanding walls accessory to residences and that are not shoreline modifications may be located in the shoreline setback and in the shoreline residential setback if views of the shoreline from adjacent existing residences are not blocked and the structure is no less than 5 feet landward from the OHW mark. The Director shall determine the permitted height of the fences and freestanding walls. 4. Submerged lands may not be used to satisfy landscaped open space requirements of multifamily developments. C. All residential uses and use of a structure or vessel as a dwelling unit, other than those described in subsections 23.60A.206.A or 23.60A.206.B, are prohibited. (Ord. 124750 , § 22, 2015; Ord. 124105 , § 3, 2013.)