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You are here: Home / '25 Zoning / Article 2: Elevation of a Non-Conforming Structure

Article 2: Elevation of a Non-Conforming Structure

What it means: Under this amendment, a non-conforming structure located in the Special Flood Hazard Area that does not conform due to dimensional setbacks may be elevated if all of the following conditions are met:

  • The structure is being elevated from its foundation, pilings or footings;
  • The volume of the structure does not increase;
  • The footprint of the structure is not changing unless to become more conforming to current requirements;
  • The impervious coverage on the lot does not increase beyond what is existing   excluding any additional stairs or ramp needed to access the structure;
  • The structure is located entirely within the boundaries of the subject property and does not encroach onto any abutting properties;
  • The structure height does not exceed the maximum that is permitted under Article IV, Section 4.4; and
  • The structure is being elevated in accordance with Section 2.4 – FloodplainManagement Ordinance, including that this section shall not be construed as limiting the height of elevation to the minimum requirements of said Ordinance.

Those Opposed Say: The Zoning Board expressed disapproval of this amendment, stating that when a homeowner is planning to elevate a structure, it is a good time to have them come before the Zoning Board to receive input on ways in which the property could be brought into compliance on whatever makes the property “non-conforming” in the first place.  The speaker expressed that there might be no additional cost or little additional cost in conjunction with the elevation process.

The changes incorporated in Article 2 are highlighted at this link.

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