Non-farm residences within the A-1 district.
Residences within the A-1 district legally constructed before January 15, 1975, but not defined as a farm residence under section 22-7, may continue as prior nonconforming uses, and shall not be subject to any standard or limitation under this article, except for the following:
(1)
A residence as established under section 22-743, which has been removed, abandoned, or is no longer used as a residence, may be replaced, reconstructed, or improved if substantial evidence is provided documenting the previous existence of such legal residence and the replacement, reconstruction, or improvement occurs within 15 years of the residence's removal, abandonment, or nonuse as a residence. If the replacement or reconstruction is requested more than 15 years after the removal, abandonment, or nonuse as a residence, the request shall be made to the planning and zoning committee. The committee shall review the request for compliance with this chapter and the agricultural preservation and land use plan. The replacement or reconstruction shall meet all provisions of this chapter.
(2)
Where such a nonconforming use is damaged by fire, explosion, flood, the public enemy, or other calamity, or is dismantled for the purpose of reconstruction, it may be restored or replaced, as long as the replacement residence is placed within 100 feet of the residence built before January 15, 1975, and in compliance with all other county ordinances and state laws.
(Ord. No. 2022-12, § 11.09(h), 10-11-2022)
Non-farm residences within the A-1 district.
Residences within the A-1 district legally constructed before January 15, 1975, but not defined as a farm residence under section 22-7, may continue as prior nonconforming uses, and shall not be subject to any standard or limitation under this article, except for the following:
(1)
A residence as established under section 22-743, which has been removed, abandoned, or is no longer used as a residence, may be replaced, reconstructed, or improved if substantial evidence is provided documenting the previous existence of such legal residence and the replacement, reconstruction, or improvement occurs within 15 years of the residence's removal, abandonment, or nonuse as a residence. If the replacement or reconstruction is requested more than 15 years after the removal, abandonment, or nonuse as a residence, the request shall be made to the planning and zoning committee. The committee shall review the request for compliance with this chapter and the agricultural preservation and land use plan. The replacement or reconstruction shall meet all provisions of this chapter.
(2)
Where such a nonconforming use is damaged by fire, explosion, flood, the public enemy, or other calamity, or is dismantled for the purpose of reconstruction, it may be restored or replaced, as long as the replacement residence is placed within 100 feet of the residence built before January 15, 1975, and in compliance with all other county ordinances and state laws.
(Ord. No. 2022-12, § 11.09(h), 10-11-2022)