Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before November 20, 1975, or before the date of adoption of any such applicable amendment, but which would be prohibited, regulated or restricted under the terms of this chapter or such future amendments. It is the intent of this article to permit these nonconformity’s to continue until they are removed but not to encourage their survival. It is further the intent of this article that non-conformities 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.

   a.   Any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on November 20, 1975.

      For lots of record as of November 29, 1982, the following dimensional requirements shall apply:

      1.   Lots with 5,000 square feet or less

         a.   Front yard setback - 15 feet or more so as to bring any structure into conformity with the front yard alignment of existing structures on the same side of the street and within 500 linear feet of the closest side yard property line.

         b.   Side yard setback - 5 feet. For corner lots, the side yard setback is 7 feet on the side of the lot that abuts the street.

         c.   Rear yard setback - 20 feet.

         d.   Lot coverage - 60% of the lot square footage but not to exceed a maximum of 2,500 square feet. This increase in lot coverage shall be used exclusively for the principal use structure and parking areas and not for exterior improvements subordinate to the principal use structures such as pools, tennis courts, hot tubs and detached garages.

      2.   Lots with 5,001 to 10,000 square feet

         a.   Front yard setback - 20 feet or more so as to bring any structure into conformity with the front yard alignment of existing structures on the same side of the street and within 500 linear feet of the closest side yard property line.

         b.   Side yard setback - 8 feet for corner lots, the side yard setback is 10 feet on the side of the lot that abuts the street.

         c.   Rear yard setback - 20 feet.

         d.   Lot coverage - 50% of the lot square footage but not to exceed a maximum of 4,000 square feet. This increase in lot coverage shall be used exclusively for the principal use structure and parking areas and not for exterior improvements subordinate to the principal use structures such as pools, tennis courts, hot tubs and detached garages.

      3.   Lots with 10,001 - 14,999 square feet.

         a.   Front yard setback - 25 feet or more so as to bring any structure into conformity with the front yard alignment of existing structures on the same side of the street and within 500 linear feet of the closest side yard property line.

         b.   Side yard setback - 8 feet. For corner lots, the side yard setback is 10 feet on the side of the lot that abuts the street.

         c.   Rear yard setback - 20 feet.

         d.   Lot coverage - 40% of the lot square footage but not to exceed a maximum of 4,500 square feet of area. This increase in lot coverage shall be used exclusively the principal use structure and parking areas and not for exterior improvements subordinate to the principal use structures such as pools, tennis courts, hot tubs and detached garages.

      4.   For lots of record on November 20, 1975 with less than 50 feet of lot width at the building setback line, the minimum side yard shall be 5 feet.

These standards for non-conforming lots shall not apply to those areas in unincorporated Dare County zoned R-4.

Adopted by DCBC on April 7, 2003

Where, on November 20, 1975, a lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000, the use may be continued, so long as it remains otherwise lawful; provided that:

   (a)   No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on November 20, 1975, or on the effective date of any applicable amendment of this chapter.

   (b)   No such non-conforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such use on November 20, 1975, or on the effective date of any applicable amendment of this chapter.

   (c)   If any such non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

   (d)   No additional structure not conforming to the requirements of this chapter shall be erected in connection with such non-conforming use of land. (11-20-75, art. 5, 5.02)

Where a lawful structure exists on November 20, 1975 or on the effective date of any applicable amendment of this chapter, that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains lawful, subject to the following provisions:

   (a)   No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its nonconformity.

   (b)   Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter.

   (c)   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   (d)   Any such non-conforming structure located on a lot adjacent to the Atlantic Ocean or sound waters may be moved to the same lot; provided, that such movement does not increase the non-conformity of the structure in any way. (11-20-75, art. 5, 5.02)

If a lawful use involving buildings with a replacement cost of $1,000 or more, or involving building and premises in combination, exists on November 20, 1975, or on the effective date of any applicable amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

   (a)   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.

   (b)   Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on November 20, 1975, or on the effective date of any applicable amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

   (c)   If no structural alterations are made, any non-conforming structure or use of a structure may be changed to any conforming use or with approval of the County Commissioners, to any use more in character with uses permitted in the district. In permitting such a change, the Board of Commissioners must find that the proposed use is more appropriate or equally as appropriate to the district as the existing non-conforming use and shall require appropriate conditions and safeguards necessary to ensure that the change is in keeping with the provisions and spirit of this chapter.

   (d)   Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.

   (e)   When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for ten consecutive months, except when government action impedes access to the premises, the structure, or structure and premises in combination, shall not thereafter be used, except in conformity with the regulations of the district in which it is located.

   (f)   Where a non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction, for the purpose of this subsection, is defined as damage to an extent of more than 50% of the replacement cost at the time of destruction. (11-20-75, art. 5, 5.02)

   (a)   In any non-conforming structure or portion of a structure containing a non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of current replacement cost of the non-conforming structure or non-conforming portion of the structure, as the case may be; provided, that the cubic content existing when it became non-conforming shall not be increased.

   (b)   If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by the building inspector to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt, except in conforming with the regulations of the district in which it is located.

   (c)   Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (11-20-75, art. 5, 5.02)

Any use which is permitted as a special use in a district under the terms of this chapter shall not be deemed a non-conforming use in such district but shall without further action be considered a conforming use. (11-20-75, art. 5, 5.02)

(Am. Ord. passed 6-21-2021)