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A. Nonconforming Structures, Uses, and Lots – General Provisions.

1. This section is not intended to encourage the continuance of nonconforming structures, uses, and lots.

2. Structures, uses, and lots rendered nonconforming by the adoption of the SMP may be continued and maintained in reasonable repair, subject to the conditions of this section.

3. For the purpose of this section, remodeling, alterations, or repairs to a nonconforming structure means work that does not exceed 80 percent of the latest county assessed or appraised value by a state certified/licensed real estate appraiser of the building or structure before the improvements are started.

B. Nonconforming Lots of Record.

1. In any shoreline use environment, any stated permitted use or structure and accessory use may be erected on a preexisting legal lot of record which does not meet the minimum lot size or width requirements of the use environment or zoning district in which it is located.

2. Setback dimensions and all other applicable town and state requirements not involving lot size or width shall conform to the regulations for the use environment and zoning district in which the lot is situated.

C. Discontinuance of Nonconforming Use. If a nonconforming use has been discontinued or vacated for a period of 12 consecutive months or greater, the legal nonconforming status is terminated, and any future use of the land or structures shall be in conformity with the provisions of the use environment and zoning district in which it is located.

D. Destruction and Restoration.

1. If a nonconforming structure/use is damaged or destroyed by accident, act of nature, or public enemy, it may be permitted to be rebuilt equal to the square footage, and within the same footprint of the damaged or destroyed structure(s), and for the same use; provided, that the proposal is in accordance with all other applicable town standards.

2. The structure may be rebuilt in the same location or at a different location on the site if the new structure meets the current minimum shoreline buffer distance at that different location.

3. A building permit application must be submitted to the town of South Prairie within one year after the structure(s) has been destroyed. If a building permit application is not submitted within one year, all future structures shall be required to be in conformity with this SMP and all current town standards.

E. Maintenance. A nonconforming structure may be physically maintained and repaired as needed to ensure public safety. All maintenance shall conform to all current development standards and building codes.

F. Expansion. Any expansion shall not increase the existing nonconformity. No expansion shall encroach on shoreline buffers or critical areas, unless allowed by the SMP. All expansion shall conform to current town development standards and building codes.

G. Completion of a Building/Structure/Activity. Nothing contained in this section shall require any change in plans, construction, alterations, or designated uses of a building/structure specified in a complete application for a development permit submitted prior to the adoption of the SMP or its amendment. Improvements and uses authorized by a recorded motion or resolution of the town, or any permit issued by the town prior to the effective date of the SMP, may be developed as set forth in the permit. If the permit becomes invalid prior to development of improvements or uses, the provisions of this SMP shall be in effect on the subject property. [Ord. 580 Att. A § 6.2, 2019.]