4A - Variance to Modify Non-Conforming Dwelling by Increasing Heaight and Encroach SSTS within OHW

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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. E. 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. F. For reasons of structural integrity, a basement may be allowed under the addition only where a basement exists in the original structure. G. Additional screening is provided to screen the addition as viewed from adjacent properties, public roads and the surface water. H. A stormwater management plan is implemented that directs stormwater away from adjacent properties and surface waters. I. The height of the addition shall not exceed the height of the existing structure. J. Beyond minor alterations needed to accommodate the addition, no structural modifications shall be made to the original structure. K. No permits shall be granted under this provision for homes constructed after July 1, 1995 or where a previous variance has Pequot Lakes Staff Report 4(a)-3 Novmeber 18,2010