§ 44-304. Maintenance, repair, replacement or vertical expansion of nonconforming structures.

(s. 59.692(1k)(a)2. and 4.) 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. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements. When a nonconforming structure is being reconstructed in its existing footprint, a plot plan and elevation view of the structure are requested by the code enforcement office for administrative tracking.

Note: Section 59.692(1k)(a)1.b. and d. prohibits counties from requiring any approval or imposing any fee or mitigation requirement for the activities specified in section 44-306. however, it is important to note that property owners may be required to obtain permits or approvals and counties may impose fees under chapters adopted pursuant to other statutory requirements, such as floodplain zoning, or sanitary codes.

Note: NR115.05(1)(b)1m lists structures that are exempt from the shoreland setback. These structures are considered conforming structures and are not considered nonconforming structures. Structures that were granted variances or illegally constructed structures are not considered nonconforming structures.

( Res. of 8-16-16 , Att.; Res. of 2-13-18(2) )