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Exhibit B <br />ORDINANCE Exhibit A - Page 9 of 66 <br />c. New docks shall be a maximum of four feet in width and a maximum walkway width <br />of four feet. Overwater surfaces shall be constructed of unobstructed grating which <br />provides at least fifty percent of open surface area. Piles, floats or other parts of the <br />structure that come in direct contact with the water shall be approved by applicable <br />federal and state agencies for use in water and shall not be treated or coated with <br />biocides such as paint or pentachlorophenol. Use of arsenate compounds or creosote <br />treated members is prohibited. <br />d. Only one dock shall be permitted for all lots in any short subdivision or subdivision <br />that occurs after September 1, 2000. Such dock shall be shared between all lots in the <br />short subdivision or subdivision. <br />e. Covered overwater moorage, either fixed or floating, shall be prohibited. <br />f. No dock may be located within fifteen feet of an interior lot line, unless shared with <br />the owner of the adjacent lot, in which case no setback is required. <br />g. No residential lot shall have more than one dock. <br />h. No dock shall exceed four feet in width, twenty-five feet in length or five feet in <br />height above the ordinary high water mark on the landward side. <br />6. Reasonable Use Exception. This section does not apply to areas within jurisdiction of the <br />shoreline master program. <br />a. Nothing in this chapter is intended to preclude reasonable economic use of property <br />as set forth in this title. If the requirements of this chapter as applied to a specific lot <br />would deny all reasonable economic use of the lot, development will be permitted if the <br />applicant demonstrates all of the following to the satisfaction of the planning director: <br />(1) There is no other reasonable use or feasible alternative to the proposed <br />development with less impact on the critical area; and <br />(2) The proposed development does not pose a threat to the public health, <br />safety and welfare on or off of the subject lot; and <br />(3) Any alterations permitted subject to the requirements of this chapter shall <br />be the minimum necessary to allow for reasonable use of the property; and <br />(4) The inability of the applicant to derive reasonable economic use of the <br />property is not the result of actions by the applicant in subdividing the property <br />or adjusting a boundary line, thereby creating the undevelopable condition after <br />January 13, 1990; and <br />(5) The proposal mitigates the impacts on the critical areas and buffers to the <br />maximum extent possible. <br />b. Reasonable Use Decision Process. Whenever an applicant for a development <br />proposal submits a reasonable use proposal to the planning director, the submittal shall