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another set of questions* In granting the special use permit to Haase and Lyman in 1977, the BZA members acknowledged that the co-op was in flood plain. They maintained, however, that approval of the application qualified as remodeling and not construction of a new building.
For flood plaih, the county’s 1973 zoning ordinance allows agricultural, conservation and recreation uses, plant nurseries, forestry, fences, pipe lines and pumping stations. Other uses in existence when the ordinance was adopted in 1973 are legally permitted as non-conforming uses. The coop was not in operation at that time although the ruined structure was on the site.
In addition, nonconforming uses destroyed or damaged to an extent that doesn’t exceed 50 per cent of fair market value may be restored within three years, according to the county’s ordinances. Buildings or structures damaged or destroyed to an extent exceeding 50 per cent of value may not be reconstructed except (1) in compliance with the ordinance, (2) if the building was used for agricultural purposes and has floors and foundation walls of concrete or masonry and so is not practical to move or (3) if the building is a one family dwelling.
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