Sep 5: Bremerton City Council SMP Deliberation

Council Meeting | Norm Dicks Building | Council Chambers
Wednesday | September 5, 2012| 5:30 PM

SMP Topic: Nonconformities – SB 5451

This will be the last chance to testify to the Bremerton City Council  which is deliberating whether or not legally built homes in Bremerton will be declared non conforming as a result of their Shoreline Master Program Update.

The proposed draft says…

Nonconforming Development: A shoreline use, site, or structure which was lawfully constructed or established prior to the effective date of the Shoreline Management Act or the Bremerton Shoreline Master Program or amendments thereto, but which does not conform to present regulations or standards of the Master Program or policies of the Act. [WAC 173-14-040(1b)]

20.16.640 Definitions

Nonconforming Structure: A building or structure that does not comply withthe required setbacks, height, lot coverage and other development requirements of the Shoreline Master Program or Zoning Code, but was lawfully constructed prior to the effective date of the Zoning Code and/or Shoreline Master Program or subsequent amendments thereto, and was continually maintained as defined in this chapter.

(d) 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 is replaced. This does not include inwater structures as they are addressed in BMC 20.16.670(d)).

(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.

State Senate Bill 5451 States:

Updated shoreline master programs must include provisions to ensure that expansion, redevelopment, and replacement of existing structures will result in no net loss of the ecological function of the shoreline. Classifying existing structures as legally conforming will not create a risk of degrading shoreline natural resources.

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