Any structure or use legally existing upon the effective date of the adoption of this chapter and which does not conform to the provisions of this chapter may be continued subject to the following.
(A) No such structure or use shall be expanded, enlarged or intensified except in conformity with the provisions of this chapter and division (B) below, with consideration for variances.
(B) A one-time addition to a non-conforming principal structure shall be permitted provided all of the following are met:
(1) The non-conformity is due solely to setbacks;
(2) The addition is not within the Shore Impact Zone;
(3) The addition will not encroach further into any setback;
(4) The size of the addition shall not exceed 50% of the size of the structure to which it is being added;
(5) The total first floor footprint of the structure, once the addition is completed, shall not exceed 2,500 square feet, including decks, porches, patios and other projections;
(6) For reasons of structural integrity, the foundation under the addition should match the existing structure. Further, a basement may be allowed under the addition only where a basement already exists in the original structure;
(7) A storm water management plan is implemented that directs storm water away from adjacent properties and surface waters;
(8) The height of the addition shall not exceed the average height of the existing development on the block the structure is located on;
(9) No permits shall be granted under this provision for homes constructed after 5-13-2008, or where a previous variance has been approved; and
(10) All other provisions of this chapter must be complied with.
(C) If a non-conforming structure is damaged, by any cause, to an extent where the repair costs exceed 50% of its assessed value immediately prior to damage, the structure may be replaced with a structure of exact dimensions; provided that, a permit is applied for within 180 days of when the property was damaged. Where no land use permit has been applied for within 180 days of when the property was damaged, then the structure or its replacement shall thereafter conform to this chapter.
(D) Any non-conformity, including the lawful use or occupation of land or premises existing at the time of adoption of this chapter, may be continued, including through repair, restoration, maintenance or improvement so long as the structure or use is not expanded.
(E) A lawful non-conforming use of a building may not be replaced when the use has been discontinued for a period of one year or more.
(F) A lawful non-conforming use may be changed to lessen the non-conformity of use. Once a non-conforming use has been changed, it shall not thereafter be altered to increase the non-conformity.
(G) Any structural repairs or replacement of non-conforming structures shall require a building permit.
(H) Sewage treatment systems shall be upgraded to a conforming status in conformance with the County Planning and Zoning Department standards.
(I) Upon availability of a community sewer system to the property, connection to that system shall be made in accordance with city policy regardless of the conformance or non-conformance of the individual system.
(Ord. 332, passed 5-19-2008)