If a nonconforming use is discontinued for a period of 12 months,
any future use of the building, structure, or property shall conform
to the chapter.
The following may be maintained, repaired, replaced, restored,
rebuilt or remodeled if the activity does not expand the footprint:
A.
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. 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. Expansion of a structure beyond the existing footprint
that is necessary to comply with applicable state or federal requirements
is allowed.
B.
A structure, of which any part has been authorized to be located
within the shoreland setback area by a variance granted before July
15, 2015, may be maintained, repaired, replaced, restored, rebuilt,
or remodeled if the activity does not expand the footprint of the
authorized structure. Additionally, the structure may be vertically
expanded unless the vertical expansion would extend more than 35 feet
above grade level. Expansion of a structure beyond the existing footprint
that is necessary to comply with applicable state or federal requirements
is allowed.
An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per § 242-23 may be expanded laterally, provided that all 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 OHWM.
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 OHWM than the closest point of the existing principal
structure.
D.
A land use permit that requires a mitigation plan 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 XII.
E.
All other provisions of the Shoreland Ordinance shall be met.
An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per § 242-23 may be expanded horizontally, landward, or vertically, provided that the expanded area meets the building setback requirements per § 242-23 and that all other provisions of the Shoreland Ordinance are met. A mitigation plan is not required solely for expansion under this section, but may be required per Article IX.
An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per § 242-23 may be relocated on the property, 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 OHWM.
C.
No portion of the relocated structure is located any closer to the
OHWM than the closest point of the existing principal structure.
D.
It is determined 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 § 242-23.
E.
A land use permit that requires a mitigation plan 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 XII, 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 the Shoreland Ordinance shall be met.
