7A - Review of Non-conforming Structure Ordinance

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COMMUr4TIT ` CWHO V INSTITUTE NEW BUSINESS-NON-CONFORMING STRUCTURES Background Information: A discussion is to be held regarding non-conforming structures,specifically the one-time addition ordinance. Section 17-4.4 NON-CONFORMING STRUCTURES AND USES' 1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair,replacement, restoration, maintenance, or improvement, but not including expansion, unless: A. the nonconformity or occupancy is discontinued for a period of more than one year; or B. any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged, in which case any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. Notwithstanding,the foregoing, any structure or use legally existing at the time of the adoption of an official control under this Chapter and which does not conform to the provisions of the Ordinance may be continued subject to the following: 2. No such structure or use shall be expanded, enlarged or intensified except in conformity with the provisions of this Chapter with consideration for variances thereto and consideration given for previously approved Planned Unit Developments. 3. A one-time addition to a non-conforming principle structure shall be permitted subject to the following: A. The non-conformity is due solely to setbacks. B. The addition is not within the shore impact zone. C. The addition will not encroach further into any setback. D. The size of the addition shall not exceed fifty percent of the size of the structure it is being added to. 'Amended 04/06/2010 Pequot Lakes Staff Report 7(a)-1 October 20,2011