23.60A.490

A. A shoreline setback of 60 feet from the OHW mark is required for uses that are not water-dependent or water-related. No development, use, or shoreline modification is allowed within this shoreline setback except as provided in Section 23.60A.167 and subsection 23.60A.490.C. B. A shoreline setback of 15 feet from the OHW mark is required for water-dependent or water-related uses. No development, use, or shoreline modification is allowed within this shoreline setback except as provided in Section 23.60A.167 and subsection 23.60A.490.C. C. Structures for uses accessory to a water-dependent use on site are allowed if the applicant demonstrates the conditions in subsection 23.60A.490.C.1 or 23.60A.490.C.2 exist and the applicant complies with subsection 23.60A.490.C.3: 1. The structure is used for a facility that is 75 percent a water-dependent use and larger than five acres and: a. The applicant demonstrates that the placement of the proposed structure outside the setback would interfere with the overall functionality of the water-dependent function of the facility; and b. An existing building on the site equal to the overall size within the setback is removed. 2. The new structure is located on a portion of the site where water access is not possible for the water-dependent use. 3. The applicant provides ecological restoration in an amount equivalent in square footage to the gross floor area of the structure pursuant to Section 23.60A.159 . D. Existing structures that would be considered nonconforming because they are located in the required shoreline setback in the UI Environment are not regulated as nonconforming structures based on setback standards. Such structures may not be expanded in any manner in the setback but may be replaced if an area of ecological restoration equivalent to the footprint of the structure located in the shoreline setback within the Shoreline District is provided pursuant to Section 23.60A.159 or if the applicant can demonstrate that the replacement structure would meet the alternative sustainable development requirements, established by Director's Rule. (Ord. 124750 , § 50, 2015; Ord. 124105 , § 3, 2013.)