If a nonconforming use is discontinued for a period of 12 months,
any future use of the building, structure or property shall conform
to this chapter.
[Amended 4-17-2019 by Ord. No. 8-2019]
An existing structure that was lawfully placed when constructed
but that does not comply with the required shoreland setback may be
maintained, repaired, replaced, restored, rebuilt or remodeled if
the activity does not expand the footprint of the nonconforming structure.
The County may allow expansion of a structure beyond the existing
footprint if the expansion is necessary to comply with applicable
state or federal requirements.
Note: Structures that are exempt from the shoreland setback
are considered conforming structures and are not considered nonconforming
structures. Structures that were granted variances or illegally constructed
structures are not considered nonconforming structures.
[Amended 4-17-2019 by Ord. No. 8-2019]
Further, an existing structure that was lawfully placed when
constructed but that does not comply with the required shoreland setback
may be vertically expanded unless the vertical expansion would extend
more than 35 feet above grade level.
Note: The County shall not require any approval or impose any fee or mitigation requirement for the activities specified in §§ 396-36 and 396-37. However, property owners may be required to obtain permits or approvals and pay fees under ordinances adopted pursuant to other statutory requirements, such as floodplain zoning, comprehensive zoning, sanitary codes, building codes, or stormwater erosion control.
An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per § 396-9 may be expanded laterally, provided that all of the following requirements are met:
A.
The use of the structure has not been discontinued for a period of
12 months or more if a nonconforming use.
B.
The existing principal structure is at least 35 feet from the ordinary
high-water mark.
C.
Lateral expansions are limited to a maximum of 200 square feet over
the life of the structure. No portion of the expansion may be any
closer to the ordinary high-water mark than the closest point of the
existing principal structure.
D.
The County shall issue a permit that requires a mitigation plan that shall be approved by the County and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in Article V.
E.
All other provisions of this chapter shall be met.
An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under § 396-9 may be expanded horizontally, landward, or vertically provided that the expanded area meets the building setback requirements per § 396-9 and that all other provisions of this chapter are met. A mitigation plan is not required solely for expansion under this section but may be required per Article IV.
An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per § 396-9 may be relocated on the property provided all of the following requirements are met:
A.
The use of the structure has not been discontinued for a period of
12 months or more if a nonconforming use.
B.
The existing principal structure is at least 35 feet from the ordinary
high-water mark.
C.
No portion of the relocated structure is located any closer to the
ordinary high-water mark than the closest point of the existing principal
structure.
D.
The County determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for relocation that will result in compliance with the shoreland setback requirement per § 396-9.
E.
The County shall issue a permit that requires a mitigation plan that shall be approved by the County and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in Article V and include enforceable obligations of the property owner to establish or maintain measures that the County determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the County Register of Deeds.
F.
All other provisions of this chapter shall be met.
