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' ZONING REGiILATIONS §78-564 Ordinance No. 238. Failure to apply for (3) The addition within the required setback such a variance within the time allowed area contains not more than 200 square shall be prima facie evidence that such a feet, or 50 percent of the total e�sting nonconforming use was either illegal or building area, whichever is less. did not lawfully exist on that date. (4) There shall be no setback egceptions per- mitted for addition to or enlargement of (b) Nonconforming substandard properties. Re- any accessory building or structure. strictions applying to nonconforming uses shall not apply to record lots which aze substandard in (5) There shall be no setback exceptions per- lot area or lot width but which are being used in ��ed that reduce any required setback conformance with this division: to less than ten feet. (6) There shall be no setback exceptions per- (1) Record lots which are less than 2.0 acres mitted for any horizontal building addi- in dry-buildable lot area and/or less than tion or hard cover increase of any kind 200 feet in lot width became substandard within 75 feet of the shoreline or within a lots on January 1, 1975,the effective date required wetland buffer or buffer setback. of Ordinance No. 172. (7) There shall be no setback exceptions per- (2) Record lots, which are greater than 2.0 mitted without a council-approved vari- acres in dry-buildable lot area, but are ance in cases where any existing building less than 5.0 acres in dry-buildable lot is being replaced by a new building, or area, became substandard lots on Janu- where the proposed addition, remodeling ary 13, 1983. and/or renovation work constitutes 50 per- � cent or more of the assessor's fair market � (3) Substandard record lots may be used or value for the existing building. In these S developed pursuant to section 78-568(6) situations, the new work shall conform to s and (7). all required setbacks. � (8) The exceptions authorized by this section (c) Nonconforming subst¢ndard buildings or apply only to setback requirements and structures. Restrictions applying to nonconform- do not authorize variance of any lot area u ing uses shall not apply to existing buildings or ' �J hard cover, building height, building area F structures which do not conform to location,height or any other zoning or building code per- b or hard cover limitations, but which are being formance standard. s used in conformance with this division. Existing (Code 1984, § 10.31(16}—(18); Ord. No. 28 3rd � buildings not conforming to the required mini- series, § 12, 8-22-2005) mum setbacks may continue to be used, repaired or maintained within the existing building enve- Sec. 78-564. Permitted uses. � lope. These buildings may be enlarged vertically C or horizontally within the required yard area Within any RS seasonal recreational district, a without requiring a council-approved setback vari- no land or structures shall be used except for any :+ ance, provided: one of the following uses: � v (1) One-family detached dwellings used for (1) The addition conforms to all required set- seasonal recreational use not to exceed d backs, even if parts of the existing build- 180 days in any one year, 3 ing do not. � , � (2) The addition e�rtends an existing building �'�"�o��S• line by not more than 20 feet and does not (2) One-family, seasonal recreational use of further encroach or reduce any required land without structures, or with accessory setback dimension less than already ex- structures only, such as tent camping or ists. day use only.Accessory structures permit- Supp. No.3 CD78:91