Regulations for seasonal recreational district

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� ARTICLE IV. DISTRICT REGULATIONS Page 2 of 21 (2) Upon notice of record lot classification pursuant to section 78-568(1) and within six months of January 13, 1983, any record lot owner may apply to the councii with no application fee required for a variance to this section to allow a continued nonconforming use, subject to reasonable standards and timetables, established by the council for compliance with on-site sewage treatment, private security, private fire protection and other performance standard requirements established by this division. The applicant shall demonstrate and the council shall find that the use is and was legally existing as of November 9, 1981, the effective date of moratorium Ordinance No. 238. Failure to apply for such a variance within the time allowed shall be prima facie evidence that such a nonconforming use was either illegal or did not lawfully exist on that date. (b) Nonconforming substandard properties. Restrictions applying to nonconforming uses shall not apply to record lots which are substandard in lot area or lot width but which are being used in conformance with this division: (1) Record lots which are less than 2.0 acres in dry-buildable lot area and/or less than 200 feet in lot width became substandard lots on January 1, 1975, the effective date of Ordinance No. 172. (2) Record lots, which are greater than 2.0 acres in dry-buildable lot area, but are less than 5.0 acres in dry-buildable lot area, became substandard lots on January 13, 1983. (3) Substandard record lots may be used or developed pursuant to section 78-568(6) and (7). (c) Nonconforming substandard buildings or structures. Restrictions applying to nonconforming uses shall not apply to existing buildings or structures which do not conform to location, height or hard cover limitations, but which are being used in conformance with this division. Existing buildings not conforming to the required minimum setbacks may continue to be used, repaired or maintained within the existing building envelope. These buildings may be entarged vertically or horizontally within the required yard area without requiring a council- approved setback variance, provided: (1) The addition conforms to all required setbacks, even if parts of the existing building do not. (2) The addition extends an existing building line by not more than 20 feet and does not further encroach or reduce any required setback dimension less than already exists. (3) The addition within the required setback area contains not more than 200 square feet, or 50 percent of the total existing building area, whichever is less. (4) There shall be no setback exceptions permitted for addition to or enlargement of any accessory building or structure. (5) There shall be no setback exceptions permitted that reduce any required setback to less than ten feet. (6) There shall be no setback exceptions permitted for any horizontal building addition or hard cover increase of any kind within 75 feet of the shoreline or within a required wetland buffer or buffer setback. (7) There shall be no setback exceptions permitted without a council-approved variance in cases where any existing building is being replaced by a new building, or where the proposed addition, remodeling and/or renovation work constitutes 50 percent or more of the assessor's fair market value for the existing building. In these situations, the new work shall conform to all required setbacks. (8) The exceptions authorized by this section apply only to setback requirements and do not authorize variance of any lot area, hard cover, building height, building area or http://library4.municode.com/default-test/DocView/13094/1/110/114?hilite=rs; 7/27/2009