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 thereto and consideration given for previously approved planned unit developments.
(B) A one-time addition to a non-conforming principal structure shall be permitted subject to the following.
(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 it is being added to.
(5) The total 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, a basement may be allowed under the addition only where a basement exists in the original structure.
(7) Additional screening is provided to screen the addition as viewed from adjacent properties, public roads, and the surface water.
(8) A stormwater management plan is implemented that directs stormwater away from adjacent properties and surface waters.
(9) The height of the addition shall not exceed the height of the existing structure.
(10) Beyond minor alterations needed to accommodate the addition, no structural modifications shall be made to the original structure.
(11) No permits shall be granted under this provision for homes constructed after January 1, 2007, or where a previous variance has been approved.
(12) 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 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 the adoption of this code, may be continued, including through repair, replacement, restoration, maintenance, or improvement, so long as the structure or use is not expanded. An expanded replacement of a non-conforming structure may only be allowed if the replacement lessens the non-conformity. Replacement of a non-conforming structure will not be allowed where the non-conformity or occupancy has been discontinued for a period of one year or more. Any structural repairs or replacement of non-conforming structures shall require a land use permit.
(E) 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.
(F) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment, and water supply capabilities, and other conservation-designed actions.
(G) Sewage treatment systems shall be upgraded to a conforming status in conformance with the following schedule:
(1) Upon availability of a community sewer system to the property, connection to that system shall be made, regardless of the conformance or non-conformance of the individual system;
(2) Upon issuance of any permit or variance for any improvement on, or use of, the property;
(3) Upon determination that leakage to the surface or lake or into an adjacent well is occurring, or determination that the system is discharging into the ground at an elevation less than three feet above the highest known watertable;
(4) Upon determination by the Zoning Administrator that a system is inadequate for a change in occupation or use in the structure; and
(5) Upon notice by the Zoning Administrator that the city’s records indicate the system is non-conforming.
(Ord. passed 4-10-2017) Penalty, see § 150.999