Any structure used for single-family residential purposes and maintained as a nonconforming use or structure may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard size and setback requirements. In particular, a manufactured home may be replaced with a larger manufactured home, and a single-wide manufactured home may be replaced with a double-wide multi-section manufactured home. This paragraph is subject to the limitations stated in § 153.047. A structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially or totally destroyed, subject to the following restrictions.
(A) Residential structure nonconformities. A residential structure that is nonconforming in any respect and is partially or totally destroyed may be reconstructed or replaced, subject to the following restrictions:
(1) The replacement residential structure is similar in construction and design to the former structure. Provided however, that a stick built, single-family residence may only be replaced with another stick built, single-family residence and a manufactured home may be replaced with another manufactured home or a stick built, single-family residence;
(2) A letter granting approval for the replacement or reconstruction of a damaged residential structure with a similar residential structure is obtained from the Administrator within 12 months from the time the damage or destruction took place; and
(3) Notwithstanding § 153.040(D), a larger, single-family residential structure may be constructed in place of a smaller one and larger manufactured home intended for residential use may replace a smaller one. The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities shall be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use of such building.
(B) Nonresidential structure nonconformities. Any other structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially or totally destroyed, subject to the following restrictions:
(1) A land use and zoning permit is obtained from the Administrator within 12 months from the time the damage or destruction took place;
(2) The total amount of space devoted to a nonconforming use may not be increased; and
(3) The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities shall be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use of such building.
(Ord. passed 10-17-2011)