The purpose of the Summit Lake overlay zone is to:

A.

Protect the unique physical and environmental features of Summit Lake, its associated critical areas, and shoreline management area.

B.

Provide development standards for physically constrained lots adjoining the Summit Lake shoreline where it is in the best interest of public safety and environmental protection to provide alternative locations for the construction of accessory structures for use as a garage.

(Ord. No. 14773, § 6(Att. E), 7-24-2012)

When a conflict arises between the provisions of the Summit Lake overlay zone and other regulations, the provisions of the Summit Lake overlay zone shall prevail, except that any provision of this chapter:

A.

Shall not create a public safety risk, as determined by the approval authority; or

B.

Shall not be contrary to the shoreline management plan for the Thurston Region, as amended; or

C.

Shall not be less protective of critical areas than the Thurston County Critical Areas Ordinance.

(Ord. No. 14773, § 6(Att. E), 7-24-2012)

The Summit Lake overlay zone shall include all lands which drain into Summit Lake and are so located on the map entitled "Summit Lake Overlay Zone." A copy of this map shall be on file with the Thurston County resource stewardship department. This map shall indicate the location of "shoreline lots" and "Summit Lake upland lots," both of which must abut Summit Lake Shore Road.

(Ord. No. 14773, § 6(Att. E), 7-24-2012)

Garages are permitted to be constructed on Summit Lake upland lots within the Summit Lake overlay zone subject to the following standards:

A.

The garage cannot be accommodated on the shoreline lot.

B.

The upland lot must be owned by a person who also owns a shoreline lot identified on the map entitled "Summit Lake Overlay Zone," and must have a residence on the identified shoreline lot.

C.

In the case of a single-family residence, the garage shall be a single structure, one story in height and no greater than one thousand eight hundred square feet in size. In the case of a multifamily residence, it shall also be a single structure, one story in height and limited to five hundred square feet per multifamily unit.

D.

Uses within the garages shall be limited to those uses normally allowed in a single-family garage, as determined by the approval authority, with the following uses expressly prohibited:

1.

Separate living unit;

2.

Family member unit;

3.

Home occupation; and

4.

Home based industry.

E.

All garages constructed on upland lots which lie directly across the road from the shoreline lot in common ownership or within one upland lot on either side shall meet the setback standards of the underlying zone. An illustration of the location of this upland lot is provided in Figure 20.30C-1.

F.

Garages constructed on any other upland lot not meeting subsection 20.30C.040(E) above, shall:

1.

Be permitted through a special use permit pursuant to Chapter 20.54 TCC; and

2.

Be consistent with the following standards:

a.

Meet the setback standards of the underlying zone;

b.

Provide buffers of native vegetation (either existing or replanted) of thirty feet along the front property line and twenty feet along the side property line, with this buffer to be located on the upland lot and not within the right-of-way; and

c.

Be compatible in design, color, shape, landscaping and size to surrounding upland garages or residences within one-fourth mile.

G.

A covenant shall be recorded with the titles of both the shoreline lot and the upland lot, prohibiting the sale of either lot separately. This covenant shall be in a form determined and approved by the director. This covenant will be released by the department when:

1.

The upland garage is demolished; or

2.

The upland garage site has a contract to be sold for a new residence and a building permit is part of the transaction; or

3.

The upland garage site is sold to another Summit Lake shoreline lot owner subject to the following standards and a new covenant is filed for those properties:

a.

Those upland lots described in TCC 20.30C.040(E) above, may only be sold to a property owner for whom it would also meet those standards (See Figure 20.30C-2); and

b.

Those upland lots described in TCC 20.30C.040(F) above, may be sold to any other Summit Lake shoreline lot owner.

(Ord. No. 14773, § 6(Att. E), 7-24-2012)