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<br />Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance <br />Kittitas County Shoreline Master Program Exhibit D | March 2016 | Page 305 of 339 <br /> <br />with provisions of federal, state or Kittitas County regulations, the provision that is more <br />protective of shoreline resources shall prevail, when consistent with SMA policy. <br />3. No new structures within the shoreline shall exceed a height of thirty-five (35) feet above <br />average grade level, except as provided herein. <br />4. Proposals for new or expanded commercial, multi-family or mixed use structures exceeding <br />the thirty-five (35) foot building height limitation shall only be allowed with a Shoreline <br />Variance where the Administrator finds the following standards are met: <br />a. The proposed building shall not obstruct the view of the water for a substantial number <br />of residential buildings located with a view of the adjoining shoreline. <br />b. The applicant shall provide a view analysis identifying the properties and structures <br />located within the view corridor for that shoreline demonstrating the level of obstruction <br />represented by the proposed structure for each affected property. <br />c. The view corridor shall include residential buildings located outside of the shoreline area <br />if it can be clearly demonstrated that the property has significant water views. <br />d. To insure that the analysis is cumulative in nature, it shall include vacant existing parcels <br />of record as well as existing structures. Vacant parcels of record shall be assumed to be <br />developed with structures complying with the thirty-five (35) foot height limitation. <br />e. The proposed structure shall not obstruct more than thirty percent (30%) of the view of <br />the shoreline enjoyed by the structures within the view corridor. <br />f. The structure shall be located and oriented on the subject property in a manner that <br />diminishes the potential view impact. <br />g. No side yard setbacks shall be reduced to accommodate the proposed structure. Side <br />yard setbacks may be increased where necessary to mitigate potential view obstruction <br />resulting from the proposed structure. <br />h. Extraordinary circumstances are demonstrated and the public interest will be served by <br />the proposed use or development. <br />5. Where permitted above ground, power poles and transmission towers are not subject to <br />height limits but shall not be higher than necessary to address public safety and meet <br />federal and state standards. <br />6. The following types of development are not subject to side yard setbacks, provided that they <br />are constructed and maintained in a manner that minimizes adverse impacts on shoreline <br />functions and processes, and provided further that they comply with all applicable <br />regulations in KCC 17B.05.020 Environmental protection and critical areas and KCC <br />17B.05.050 Shoreline buffers and vegetation conservation: <br />a. Those portions of approved water-dependent development that require a location <br />waterward of the OHWM of rivers and lakes, associated wetlands and/or within their <br />associated buffers. <br />b. Underground utilities. <br />c. Modifications to existing development that are necessary to comply with environmental <br />requirements of any agency, when otherwise consistent with this Program, provided that <br />the Administrator determines that the facility cannot meet the dimensional standard and <br />accomplish the purpose for which it is intended and the facility is located, designed, and <br />constructed to meet specified dimensional standards to the maximum extent feasible, <br />and the modification is in conformance with the provisions of KCC 17B.07.020(3) Prior <br />development and KCC 17B.07.020(4) Non-conformance. <br />d. Roads, railways and other essential public facilities that must cross shorelines and are <br />necessary to access approved water-dependent development. <br />e. Stairs and walkways not greater than five (5) feet in width or eighteen (18) inches in <br />height above grade, except for railings. <br />f. An essential public facility or public utility where the Administrator determines that no <br />feasible alternative location will accommodate the use.