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COMMUNI ry <br /> GRO'R' U <br /> INSTITUTE <br /> OLD Buswms-NON-CONFORMING STRUMMEs <br /> Background Information: Last month the Planning Commission discussed the pre- <br /> existing non-conforming principal structure ordinance and property owner rights for <br /> replacing/expanding them. Staff has created draft ordinance language that would <br /> prevent property owners from using a "work around" for the expansion AND <br /> replacement of a non-conforming structure. The purpose of the ordinance is to allow <br /> one or the other. <br /> The proposed language is underlined and printed in red. <br /> Section 17-4.4 NON-CONFORMING STRUCTURES AND USES' <br /> 1. Any nonconformity, including the lawful use or occupation of land or <br /> premises existing at the time of the adoption of an official control under this <br /> chapter,may be continued, including through repair, replacement,restoration, <br /> maintenance, or improvement, but not including expansion,unless: <br /> A. the nonconformity or occupancy is discontinued for a period of <br /> more than one year; or <br /> B. any nonconforming use is destroyed by fire or other peril to the <br /> extent of greater than 50 percent of its market value, and no <br /> building permit has been applied for within 180 days of when the <br /> �-' property is damaged, in which case any subsequent use or <br /> occupancy of the land or premises shall be a conforming use or <br /> occupancy. <br /> Notwithstanding,the foregoing, any structure or use legally existing at the time of the <br /> adoption of an official control under this Chapter and which does not conform to the <br /> provisions of the Ordinance may be continued subject to the following: <br /> 2. No such structure or use shall be expanded, enlarged or intensified except <br /> in conformity with the provisions of this Chapter with consideration for variances <br /> thereto and consideration given for previously approved Planned Unit <br /> Developments. <br /> 3. A one-time addition to a non-conforming principle structure shall be <br /> permitted subject to the following: <br /> A. The non-conformity is due solely to setbacks. <br /> B. The addition is not within the shore impact zone. <br /> 'Amended 04/06/2010 <br /> Pequot Lakes Staff Report 8(b)-1 <br /> November 1'7,2011 <br />