99-019 ORD - Laserfiche WebLink

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1. Construction on Nonconforming Lots of Record. o A. Lots of record in the office of the county recorder on the date of enactment of local controls that do not meet the requirements of Section 906.08(1) of this ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became a substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. B. If setback requirements cannot be met, a variance shall be obtained and certified in accordance with Section 906.04 before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider prerequisites for a variance, sewage treatment and water supply capabilities, or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. C. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirement of Section 906.08(1) of this ordinance, the lot shall not be considered as a separate parcel of land for the purposes of sale or development. The lot shall be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section 906.08(1) of this ordinance as much as possible. Additions/Expansions to Nonconforming Structures A. Ail additions or expansions to the outside dimensions of an existing nonconforming structure shall meet the setback, height, and other requirements of Section 906.08 of this ordinance. Any deviation from these requirements shall be authorized by a variance pursuant to Section 906.04. B. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: i. the structure existed on the date the structure setbacks were established; ii. a thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;