Sec. 501.1. [Evaluation of applications.] All applications for special uses, variances, and temporary permits and the treatment of nonconformities shall be evaluated under the specific criteria listed within this section. Unless otherwise specified in the district, all such applications shall be subject to the procedures under section 600.

Sec. 501.2. [Written findings provided to applicant.] Findings justifying a decision regarding a discretionary permit shall be made in writing, and shall be provided to the applicant.

Sec. 501.3. [Granting of permit subject to conditions.] The granting of a discretionary permit may be subject to such conditions as are reasonably necessary to protect the public health, safety or general welfare from potentially deleterious effect resultant from approval of the permit, or to fulfill the public need for public service demands created by approval of the request.

(Ord. of 6-8-2021(2))

Sec. 502.1. [Criteria for allowing.] The town council may allow a special use, after an evidentiary hearing conducted pursuant to section 600; providing that the applicant provides evidence substantiating that all the requirements of this chapter relative to the proposed use are satisfied, and demonstrates that the proposed use also satisfies the following criteria:

A.

The use is listed as a special use in the underlying district.

B.

The characteristics of the site are suitable for the proposed uses considering size, shape, location, topography, existence of improvements and natural features.

C.

The site and proposed development is timely, considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use.

D.

The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the underlying district.

E.

The proposal satisfies the goals and policies of the land use plan which apply to the proposed use.

(Ord. of 6-8-2021(2))

Sec. 503.1. [Findings necessary for granting.] To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until the following findings are made:

A.

Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

B.

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.

C.

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance is not a self-created hardship.

D.

The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.

Sec. 503.2. Appeal from the board of adjustment. Appeal from the decision of the board of adjustment shall be to the Hertford County Superior Court.

(Ord. of 6-8-2021(2))

Sec. 504.1. The zoning administrator may approve a temporary permit for a period not to exceed one year for the use of a manufactured home or house as a construction office or night watchman's office while a permanent dwelling is being constructed on the subject property, provided that the applicant provide evidence substantiating the following, unless otherwise provided for in this chapter:

A.

A building permit for a permanent residence on the subject property has been acquired;

B.

There is no reasonable alternative to the temporary use;

C.

The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land;

D.

The temporary use will not be detrimental to the area or to adjacent properties; and

E.

The temporary use will comply with the land use plan.

Failure to maintain a valid building permit will result in immediate revocation of any permit granted pursuant to this section.

Sec. 504.2. Conditions of approval. The zoning administrator may subject approvals to such conditions as will safeguard the public health, safety, convenience and general welfare. Such conditions may include, but are not limited to:

A.

Landscaping of the manufactured home site;

B.

County approval of a subsurface sewage disposal system (if municipal system is not available);

C.

Placement of manufactured skirting in those areas around the manufactured home which are not developed with a foundation;

D.

Removal of the manufactured home when the need for which a temporary permit was granted ceases.

Sec. 504.3. Renewal of temporary permit. The zoning administrator may renew a temporary permit, for a period not to exceed one year, provided that the applicant provides evidence substantiating the following, unless otherwise provided for in this chapter.

A.

The circumstances under which the original permit was granted remain substantially similar;

B.

The use will not be detrimental to the area or to adjacent properties; and

C.

The use will comply with the land use plan.

(Ord. of 6-8-2021(2))

Sec. 505.1. [Written statement required.] The zoning administrator, in conjunction with the zoning enforcement officer, may approve a temporary permit for the use of a manufactured home or trailer house for emergency shelter needed as a result of destruction or substantial damage to a residence or business due to fire or other natural disaster. The emergency permit may be granted for an initial period not to exceed 60 days provided that the applicant submits a written statement:

A.

Indicating the nature and extent of the damage or destruction incurred; and

B.

Agreeing to make application for the appropriate permit(s) within the 60-day period.

Emergency permits shall automatically be extended to the date of the final decision on the permit application(s).

Failure to make application for the appropriate permit(s) within the 60-day period will result in immediate revocation of the emergency permit.

Sec. 505.2. Conditions of approval. The zoning administrator may subject approvals to such conditions as will safeguard the public health, safety, convenience and general welfare. Such conditions may include, but are not limited to:

A.

Landscaping of the manufactured home site;

B.

County approval of a subsurface sewage disposal system (if municipal system is not available);

C.

Placement of a manufactured skirting in those areas around the manufactured home which are not developed with a foundation;

D.

Removal of the manufactured home when the need for which a temporary permit was granted ceases.

Sec. 505.3. Renewal of temporary permit. The zoning administrator, in conjunction with the zoning enforcement officer, may renew a temporary permit for a period not to exceed one year provided the applicant provides evidence substantiating the following, unless otherwise provided for in this chapter:

A.

The circumstances under which the original permit was granted remain substantially similar;

B.

The use will not be detrimental to the area or to adjacent properties; and

C.

The use will comply with the land use plan.

A nonconforming situation occurs when, on the effective date of this chapter, an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located.

It is the intent of this chapter to permit these existing nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Sec. 506.1. Nonconforming uses. Nonconforming uses are declared by this ordinance to be incompatible with the permitted uses in the district involved. However, buildings used as churches as of the date of the adoption of this zoning ordinance are exempt from the nonconforming use provisions of this chapter.

Sec. 506.2. Nonconforming lots (lots of record).

A.

When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimums set forth in section 300, then subject to variance approval by the board of adjustment, the lot may be used as proposed just as if it were conforming. However, no use (e.g., a two-family residence) that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a nonconforming lot.

B.

When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements (section 300) cannot reasonably be complied with, then the board of adjustment, in the form of a variance, may allow deviations from the applicable setback requirements if it finds that:

1.

The property cannot reasonably be developed for the use proposed without such deviations;

2.

These deviations are necessitated by the size or shape of the nonconforming lot; and

3.

The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.

C.

For purposes of subsection B, compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

D.

This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it. A change in use of a developed nonconforming lot may be accomplished in accordance with section 506.5.

E.

Subject to the following sentence, if, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this section. This subsection shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed.

Sec. 506.3. Extension or enlargement of nonconforming situations.

A.

Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

1.

An increase in the total amount of space devoted to a nonconforming use; or

2.

Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements.

B.

Subject to subsection D, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building.

C.

A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a sand pit) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming if ten percent or more of the earth products had already been removed on the effective date of this chapter.

D.

The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this section occurs.

E.

Notwithstanding subsection A, any structure used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements. This paragraph is subject to the limitations stated in section 506.6 (abandonment and discontinuance of nonconforming situations).

F.

Notwithstanding subsection A, whenever:

(1)

There exists a lot with one or more structures on it; and

(2)

A change in use that does not involve any enlargement of a structure is proposed for such lot; and

(3)

The parking or loading requirements of section 400 that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking or loading;

then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation.

However, the applicant shall be required to comply with all applicable parking and loading requirements that can be satisfied without acquiring additional land, and shall also be required to obtain satellite parking in accordance with section 402 if: (1) Parking requirements cannot be satisfied on the lot with respect to which the permit is required, and (2) such satellite parking is reasonably available.

If such satellite parking is not reasonably available at the time the zoning or special use permit is granted, then the permit recipient shall be required to obtain it if and when it does become reasonably available. This requirement shall be a continuing condition of the permit.

Sec. 506.4. Repair, maintenance, and construction.

A.

Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than 25 percent of the appraised valuation of the structure to be renovated may be done only in accordance with a zoning permit issued pursuant to this section.

B.

If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed 25 percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section. This subsection does not apply to structures used for single-family residential purposes, which structures may be reconstructed pursuant to a zoning permit just as they may be enlarged or replaced as provided in subsection 506.3.E.

C.

For purposes of subsection[s] A and B:

1.

The "cost" of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement.

2.

The "cost" of renovation or repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of subsections A or B by doing such work incrementally.

3.

The "appraised valuation" shall mean either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally recognized property appraiser.

D.

The administrator shall issue a permit authorized by this section if he finds that, in completing the renovation, repair or replacement work:

1.

No violation of section 506.3 will occur; and

2.

The permittee will comply to the extent reasonably possible with all provisions of this chapter applicable to the existing use (except that the permittee shall not lose his right to continue a nonconforming use).

Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.

Sec. 506.5. Change in use of property where a nonconforming situation exists.

A.

A change in use of property (where a nonconforming situation exists) that is sufficiently substantial to require a new zoning or special use permit may not be made except in accordance with subsections B through D. However, this requirement shall not apply if only a sign permit is needed.

B.

If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of this chapter applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this chapter is achieved, the property may not revert to its nonconforming status.

C.

If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this chapter applicable to that use cannot reasonably be complied with, then the change is permissible if the administrator issues a permit authorizing the change. This permit may be issued if the administrator finds, in addition to any other findings that may be required by this chapter, that:

1.

The intended change will not result in a violation of section 506.3; and

2.

All of the applicable requirements of this chapter that can reasonably be complied with will be complied with. Compliance with a requirement of this chapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. And in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformities would thereby be created.

D.

If the intended change in use is to another principal use that is also nonconforming, then the change is permissible if the administrator issues a permit authorizing the change. The administrator may issue the permit if it finds, in addition to other findings that may be required by this chapter, that:

1.

The use requested is one that is permissible in some zoning district with either a zoning or special use permit; and

2.

All of the conditions applicable to the permit authorized in subsection C of this section are satisfied; and

3.

The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for.

Sec. 506.6. Abandonment and discontinuance of nonconforming situations.

A.

When a nonconforming use is:

(1)

Discontinued for a consecutive period of 180 days; or

(2)

Discontinued for any period of time without a present intention to reinstate the nonconforming use;

the property involved may thereafter be used only for conforming purposes.

B.

If the principal activity on property where a nonconforming situation other than a nonconforming use exists is:

(1)

Discontinued for a consecutive period of 180 days; or

(2)

Discontinued for any period of time without a present intention of resuming that activity;

then that property may thereafter be used only in conformity with all of the regulations applicable to the preexisting use unless the administrator issues a permit to allow the property to be used for this purpose without correcting the nonconforming situations. This permit may be issued if the administrator finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformities need not be corrected.

C.

For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

D.

When a structure or operation made nonconforming by this chapter is vacant or discontinued at the effective date of this chapter, the 180-day period for purposes of this section begins to run on the effective date of this chapter.

(Ord. of 6-8-2021(2))