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A. Review Criteria. The city shall utilize the following information in its review of all shoreline jurisdiction residential development applications:

1. Whether the proposed residential use is consistent with the use matrix of BMC 13.07.080;

2. Whether adequate provisions are made for public and private visual and physical shoreline access;

3. Whether the application makes adequate provisions to prevent or mitigate adverse environmental impacts; and

4. Whether the application makes adequate provisions to provide for shoreline ecological or critical area mitigation, where appropriate.

B. Applications for new shoreline residences shall ensure that shoreline stabilization and flood control structures are not necessary to protect proposed residences.

C. New floating residences and over-water residential structures shall be prohibited in shoreline jurisdiction.

D. Accessory uses and structures shall be located landward of the principal residence, unless the structure is or supports a water-dependent use.

E. Detached residential development may be clustered where appropriate to minimize physical and visual impacts on shorelines as outlined below:

1. Within detached zoning classifications, the minimum lot area per single-family dwelling unit may be reduced by as much as 40 percent. For example, properties with a zoning classification of R 9,600 may have a minimum lot area of 5,760 square feet.

2. Within detached zoning classifications, minimum lot circle diameter may be reduced by as much as 50 percent. For example, properties with a zoning classification of R 9,600 may have a minimum lot circle diameter of 40 feet.

3. The number of lots for any subdivision proposed under these modification provisions shall not exceed the number of lots which could be obtained under city-wide regulations regarding lot area and dimension, street configuration, surface water facilities, critical areas regulations, and all other requirements applied to properties located outside the shoreline jurisdiction area.

4. Land area equal to or greater than the combined reduction in lot area allowed above shall be set aside into a separate tract(s) dedicated to the city, held in an undivided interest by each owner of a building lot within the development with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowner’s association or other legal entity (such as a land trust, which ensures the ownership, maintenance, and protection of the tract).

5. See BMC 13.09.050(Q) for potential density incentives for the provision of new parallel public access trails. (Ord. 2112 § 3 (Exh. C), 2013).