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FINAL ORDINANCE NO. 08-166
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FINAL ORDINANCE NO. 08-166
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ii. Structures, parking areas, and other facilities must be treated to reduce <br /> visibility as viewed from public waters and adjacent shorelands by vegetation, <br /> topography, increased setbacks, color, or other means acceptable to the local <br /> unit of government, assuming summer, leaf-on conditions. Vegetative and <br /> topographic screening must be preserved, if existing, or may be required to be <br /> provided. <br /> iii. Accessory structures and facilities, except water oriented accessory structures, <br /> must meet the required structure setback and must be centralized. <br /> g. Open Space Requirements. <br /> i. Open space must constitute at least 50 percent of the total project area within the <br /> shoreland and must include: <br /> 1. Areas with physical characteristics unsuitable for development in their <br /> natural state and areas containing significant historic sites or unplatted <br /> cemeteries; <br /> 2. Portions of the shore impact zone preserved in its natural or existing state <br /> as follows: <br /> i. For existing residential PUD's, at least 50 percent of the shore <br /> impact zone <br /> ii. For new residential PUDs, at least 70 percent of the shore impact <br /> zone. <br /> ii. Open space may include: <br /> 1. Outdoor recreational facilities for use by owners of lots in the subdivision and <br /> by the general public; and <br /> 2. Stormwater detention facilities, subsurface sewage treatment systems (if the <br /> use of the space is restricted to avoid adverse impacts on the systems), and <br /> other required site improvements not prohibited herein may be applied to this <br /> requirement. <br /> 3. Non-public water wetlands <br /> iii. Open space shall not include: <br /> 1. Road rights-of-way, or land covered by roads, structures or parking surfaces; <br /> 2. Lots, unless owned in common by an owners association; <br /> 3. Commercial facilities or uses; <br /> 4. Land below the OHWL of public waters. <br /> h. Open Space Maintenance and Administration Requirements. <br /> i. Open space preservation. The appearance of open space areas, including <br /> topography, vegetation, and allowable uses, must be preserved. <br /> ii. Before final approval of a PUD is granted, the developer/owner shall provide for <br /> the preservation and maintenance, in perpetuity, of open space and the <br /> continuation of the development as a community. <br /> iii. The instruments must prohibit: <br /> 1. Commercial uses ; <br /> 12 <br />
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