|
|
Land Use Forum
Archive
Land Use Articles
Shoreland Zoning Advisory Committee Tackles Nonconforming Structures
by Tom Larson
During the last few months, the DNR's Shoreland Advisory Committee, which is responsible for making suggestions on how to re-write the state's shoreland zoning regulations (NR 115), has been addressing the issue of legal nonconforming structures. Legal nonconforming structures are structures that were built according to development regulations that have changed over time.
Considerable discussions have taken place on whether these nonconforming structures should be allowed to continue indefinitely and whether property owners should be allowed to maintain, repair, improve, or expand such structures. The issue of improving and expanding nonconforming structures is more controversial. Most committee members seem to believe that unlimited maintenance and repair of such structures should be allowed. Some members believe that some improvements and expansions should be allowed, while others believe that all improvements and expansions should be prohibited.
The committee's discussions have been productive and will hopefully result in significant changes to the way our state treats legal nonconforming structures. While the committee is only an advisory body, the DNR will take the committee's recommendations to the public for feedback during statewide public hearings and then draft changes to NR 115.
Although no specific language has been drafted, the committee has made the following preliminary recommendations based upon general principle. As you will note, many of these recommendations contain more than one option, which reflects a lack of consensus. In these cases, all option will be presented to the public for feedback.
Definitions
Ordinary Maintenance and Repair would mean anything less than major reconstruction.
Major reconstruction would mean (one of the following options):
- Option 1- The removal and replacement within the existing footprint of all structural components of a structure with the exception of the foundation.
- Option 2 - Reconstruction or replacement of 25 percent or more of the structural components of a building or 50 percent or more of the linear perimeter of the structure whichever is less.
Structure would mean (one of the following options):
- Option 1 - Any man-made object with form, shape and utility, that is constructed or otherwise erected, attached to, or permanently or temporarily placed, either upon the ground, river bed, stream bed or lakebed.
- Option 2- Any man-made object with form, shape and independent utility that is constructed or otherwise erected or attached to or permanently placed upon the ground above the ordinary high water mark. For the purposes of this chapter, the term "structure" does not include: vegetation including landscaping and gardens; earthwork including grading, filling, berms and terraces and retaining walls; stormwater management devices; and erosion control devices.
Structural components would mean (one of the following options):
- Option 1 - Supporting elements of a structure such as wall studs, columns, rafters, joists, beams, concrete blocks, poured concrete, etc., regardless of their cost.
- Option 2 - Supporting elements of a structure. Supporting elements of a structure includes, but is not limited to, wall studs, rafters, joists, posts, columns, beams, and girders.
Regulations for Structures Entirely Within the Primary Buffer Area
(The term "primary buffer" has not yet been defined, but will likely be either 35 ft. or 50 ft. from the
OHWM.)
For primary and accessory structures located entirely within primary buffer area, the following recommendations are being considered:
- Unlimited ordinary maintenance and repairs are allowed, including the repair or replacement of existing structural components, as long as the work does not constitute "major construction."
- Replacement structures must be built in a compliant location.
- "Major reconstruction" is not allowed unless a variance is granted or the structure is moved to a compliant location.
- Structures may not be expanded.
- The primary buffer must be preserved or restored if a permit is required for work on an existing structure.
- An area 15-ft. wide around the structure may be maintained in lawn.
Mitigation
In addition to preserving or restoring the primary buffer, the property owner must also select two of the following mitigation practices to implement or maintain:
- Restore a 15-ft. wide buffer on both side lot lines
- Infiltration practices-such as rain gardens-to address stormwater runoff
- Removal of accessory structures in the primary buffer and no new accessory structures
- Removal of accessory structures in the secondary buffer and no new accessory structures
- Visually inconspicuous building materials, such as earth-toned materials
- Removal of riprap, concrete seawalls, or artificial sand beaches
- Other mitigation practices listed in the shoreland ordinance approved by DNR
Mitigation End-Point
For future projects that would otherwise require mitigation, if the primary buffer has been preserved or restored and the property owner continues to maintain the primary buffer and at least two of the mitigation measures outlines above, implementation of additional mitigation practices will not be required. (Note: the objective is to reward those landowners who are in compliance with existing regulations and have been engaging in environmental management practices)
Nonconforming Structures in the Secondary Buffer Area
(The term "secondary buffer" has not yet been defined, but will likely be the area between the primary buffer area and 75 ft. from the
OHWM)
For primary and accessory structures located entirely within secondary buffer area, the following recommendations are being considered:
- Same as the restrictions on structures located entirely within primary buffer area, except:
- A limited expansion for principal structures would be allowed if conditions are satisfied.
- Pre-existing structures will continue to exist until the owner decides to undertake "major reconstruction" or to expand beyond the limited expansion allowed in the secondary buffer
- Accessory structures may not be expanded.
Limited expansion of Principal Structures Located Entirely Within Secondary Buffer Area
To qualify for a limited expansion, the existing principal structure must be a minimum of (one of the following options):
- Option 1 - No minimum size requirement, or
- Option 2 - County's current minimum house size or if none exists, 750 sq. ft.
Expansion Options in secondary buffer area (one of the following options):
- Option 1 - No expansion
- Option 2 - Cumulative expansion allowed to a cap on square footage
The existing principal structure may not be expanded beyond (one of the following options):
- Option 1 - Limits established by the county
- Option 2 -- 50 percent of the existing footprint up to 1,900 sq. ft. and 2,500 sq. ft. for habitable living area
For a limited expansion, the existing principal structure may be expanded according to the following provision:
- Expansion based on site characteristics and determined by the county to be consistent with the purposes of the rule.
Options for Structures That Straddle Setback Lines
- The regulations for the zone where the proposed modification is located will prevail including mitigation requirements regardless of where the expansion is located. (For example, if a home is built 60 ft. from the OHWM and extends behind the 75 ft. setback and the homeowner wants to construct an addition to the landward side of the home (i.e., behind the 75 ft. setback), the addition would be subject to the regulations applicable to development behind the 75 ft. setback line.)
For more information, please contact Tom Larson
at (608) 240-8254.
Back to Inside This
Edition
Return to On-Line
Publications
Back to Top
|
