(B) Expansions to structures classified as existing development must meet the requirements of this chapter, however, the built-upon area of the existing development is not required to be included in the density calculations.
(1) Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded in the Office of the Register of Deeds of Randolph County. Lots may be used for any of the uses allowed in the watershed area in which it is located, provided the following:
(a) Where the lot area is below the minimum specified in this chapter the owner may apply for a variance, which provides for compliance with the buffer requirement to the maximum extent practicable. The Town Manager is authorized to issue a watershed protection permit; and
(b) Where the buffer standard needs to be modified due to the shape and/or size of a residential or non-residential lot, the owner may apply for a variance in order to obtain a watershed protection permit, provided the buffer requirement is complied with to the maximum extent practicable. The procedures for obtaining a minor or major variance are found in § 153.47 below.
(2) Occupied lots. This category consists of lots, occupied for residential purposes at the time of the adoption of this chapter. These lots may continue to be used.
(3) Uses of land. This category consists of uses existing at the time of adoption of this chapter where the use of land is not permitted to be established hereafter in the watershed area in which it is located. Those uses may be continued except as follows:
(a) When the use of land has been charged to an allowed use, it shall not thereafter revert to any prohibited use;
(b) Use of land shall be changed only to an allowed use; and
(c) When the use ceases for a period of at least 1 year, it shall not be reestablished.
(4) Reconstruction of buildings or built-upon areas. Any existing building or built-upon area not in conformance with the restrictions of this chapter that has been damaged or destroyed by any means to an extent of more than 50% of its replacement cost or bulk, exclusive of foundations and land value may be repaired and/or reconstructed, except that there are no restrictions on single-family residential development, provided:
(a) Repair or reconstruction is initiated within 12 months and completed within 2 years of the damage; and
(b) The total amount of space devoted to built-upon area may not be increased unless storm water control that equals or exceeds the previous development is provided.
(Ord. passed - -; Am. Ord. passed 9-26-2005)