Bremerton SMP will severely limit shoreline redevelopment

There are many Bremerton shoreline homes that were built over 50 years ago , are small and in some cases are falling down. The proposed rules will severely restrict the redevelopment of these properties. If the proposed remodel exceeds 75% of the assessed value of the structure, it will need to be brought into full compliance with standards, including buffers and setbacks, and vegetative buffer expansion.

Make your opinions heard.
The Planning commission hearing is May 29 at 5:30 PM

Bremerton SMP Planning Commission Public hearing Draft May 15, 2012 

20.16.640 Definitions:

Substantial Destruction: For the purpose of this chapter, “substantial destruction” means the repair or replacement of a building or structure which exceeds one of the following:

(1) Seventy five percent (75%) of the assessed value of the structure as determined by the Kitsap County Assessor. An appraised value may be substituted for the assessed value at the request of the applicant and as deemed appropriate by the Director.

(2) For accessory structures which are typically not assessed (such as decks, sheds, garages, bulkheads, docks, and retaining walls) and the value cannot be determined, substantial destruction will occur at the point that Seventy five percent (75%) or more of the structure al is replaced. This does not include in-water structures as they are addressed in BMC 20.16.660(d)). components of the building envelope that are being replaced. The building envelope includes, but is not limited to, exterior walls, load bearing beams, the roof, and foundation.

(3) For both 1 and 2 above, all repair and maintenance work conducted within a five (5) year period on the structure shall be included in the calculation.

Bremerton SMP Planning Commission Public hearing Draft May 15, 2012 Page 66

Residential dwellings may have the building area expanded if all of the following criteria are met:

(i) The number of dwelling units is not increased; and

(ii) There is no decrease in the number of off-street parking spaces below the minimum requirements of the current code and the addition complies with all applicable development standards; and

(iii) There is no expansion into an area designated as a critical area or shoreline buffer or building setback; and

(iv) There is no net loss of ecological processes and functions resulting from the expansion.

Bremerton SMP Planning Commission Public hearing Draft May 15, 2012 page 68

(d) Discontinuation: A nonconforming use that is discontinued shall have its legal nonconforming status terminated and any subsequent use of the property or building shall be that of a use that conforms to all applicable development standards. A nonconforming use is determined to be discontinued if any of the following circumstances apply:

(1) The nonconforming use is changed to a conforming use; or

(2) Another nonconforming use is approved pursuant to subsection (b)(2) of this section; or

(3) The nonconforming use has ceased for a period of more than one (1) year.

Bremerton SMP Planning Commission Public hearing Draft May 15, 2012 page 68

(f) Repair and Maintenance: A building or structure containing a nonconforming use may be repaired and maintained if the work does not restore it from substantial destruction.

Bremerton SMP Planning Commission Public hearing Draft May 15, 2012 page 68

20.16.670 Nonconforming Structures:

(a) Continuation: Any legally established nonconforming structure may be continued until such time that it experiences substantial destruction. If a structure experiences substantial destruction it shall constitute a discontinuation of the nonconforming structure and have its nonconforming status terminated. Any subsequent repair or reconstruction of the structure shall comply with the requirements of the Shoreline Master Program and the Zoning Code, except as follows:

(1) The nonconforming structure may be allowed to be rebuilt within the same footprint and size if the structure has suffered substantial destruction as a result of fire or other casualty not intentionally caused by the owner, and a complete building permit application is filed within one (1) year of such fire or other casualty.

(b) Expansion: A nonconforming structure may be enlarged or extended provided the enlargement complies with the applicable setback; height, lot coverage, and other site development requirements of the Shoreline Master Program and the Zoning Code provided such work does not restore the structure from substantial destruction. Such expansions shall comply with the following:

(1) Expansions located outside of the setback and or buffer but within the shoreline jurisdiction may have a footprint expansion of up to five hundred (500) square feet without being required to provide vegetation enhancement. Such an addition must comply with all applicable development standards.

(2) Expansions located outside of the setback and or buffer but within the shoreline jurisdiction with a footprint larger than five hundred (500) square feet may be permitted provided the existing buffer is densely vegetated with a native plant community. Should the vegetation within the buffer not be a dense community of native vegetation, enhancement shall be provided as follows (These provisions are not applicable to that portion of a water dependent use which requires direct access to the shoreline):

(i) A native community of vegetation shall be provided on the waterward twenty five percent (25%) of the required buffers width, with a minimum required width of ten feet (10’).

(ii) The area to be planted shall comply with the vegetation management plan requirements of BMC 20.16.720.

(iii) There is no net loss of ecological processes and functions resulting from the alteration.

(3) Expansions located within the setback/buffer may be permitted provided:

(i) Such expansion is located no further waterward than the existing foundation. In the case that no foundation exists, the expansion shall not exceed the existing building line.

(ii) The expansion shall be limited to a footprint of two hundred and fifty (250) square feet.

(iii) At least fifty percent (50%) of the required buffer shall be restored with natural vegetation per the requirements of BMC 20.16.720, if the buffer is not currently characterized by a dense community of native vegetation. The Director may approve the natural vegetation as required in BMC 20.16.720 of 50% of the distance between the structure and the shoreline. All proposed vegetation shall be located as close to the shoreline as possible.

(iv) Natural vegetation to be planted must comply with the requirements for vegetation management plans as established in BMC 20.16.720 for the portion of the buffer to be planted.

(v) There is no net loss of ecological processes and functions resulting from the alteration.

Bremerton SMP Planning Commission Public hearing Draft May 15, 2012 page 68-70

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