Duck City Zoning Code
NON-CONFORMITIES
§ 156.070 INTENT OF SUBCHAPTER.
(A) 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 July 3, 2002, or before the date of adoption of any applicable amendment, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.
(B) It is the intent of this subchapter to permit these non-conformities to continue until they are removed but not to encourage their survival. It is further the intent of this subchapter 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.
(Ord. 04-21, passed 10-6-2004, § 30)
§ 156.071 NON-CONFORMING LOTS OF RECORD.
(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 July 3, 2002, subject to the following provisions:
(1) Permits for the erection of a single-family dwelling on lots less than 7,500 square feet in area shall be reviewed by the Town Council in accordance with the requirements of town code § 156.155 – Special Use Permits.
(2) Special use permits for the erection of a single-family dwelling on lots 7,500 square feet in area or greater shall be reviewed administratively in accordance with the requirements of this chapter.
(B) For lots of record as of November 20, 1975, the following dimensional requirements shall apply:
(1) Lots with 10,000 square feet or less:
(a) Front yard setback: 25 feet;
(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; and
(d) Lot coverage: 50%.
(2) Lots with 10,001 to 14,999 square feet:
(a) Front yard setback: 25 feet;
(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; and
(d) Lot coverage: 40%.
(C) If two or more lots of record or portions of lots with continuous frontage have been physically combined for the purpose of development, and if one or more of the lots involved is less than 7,500 square feet, the lots shall be considered recombined for the purposes of future development.
(Ord. 04-21, passed 10-6-2004, § 31; Am. Ord. 13-06, passed 11-6-2013; Am. Ord. 21-01, passed 6-2-2021)
§ 156.072 NON-CONFORMING USES OF LAND.
Where, on July 3, 2002, a lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where the 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 like non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on July 3, 2002, or on the effective date of any applicable amendment of this chapter;
(B) No like non-conforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by the use on July 3, 2002, or on the effective date of any applicable amendment of this chapter;
(C) If any non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located; and
(D) No additional structure not conforming to the requirements of this chapter shall be erected in connection with the non-conforming use of land.
(Ord. 04-21, passed 10-6-2004, § 32)
§ 156.073 NON-CONFORMING STRUCTURES.
Where a lawful structure exists on July 3, 2002, 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, number of bedrooms, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains lawful, subject to the following provisions.
(A) No like 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 non-conformity.
(B) Should the 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 a 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 like non-conforming structure located on a lot adjacent to the Atlantic Ocean or sound waters may be moved on the same lot; provided, that the movement does not increase the non-conformity of the structure in any way.
(E) Notwithstanding any other regulation with respect to non-conforming structures or lots, any principal structure used for single-family residential purposes (other than a mobile home) that is subject to documented casualty loss may be repaired or replaced in kind with a similar structure so long as:
(1) The enlargement or replacement does not create new non-conformities or increase the extent of existing non-conformities with respect to matters such as number of bedrooms permitted, setbacks and parking;
(2) To the extent possible, current parking requirements will be met on the site during reconstruction of a non-conforming principal residential structure; this may involve relocation of the principal structure but not create any new non-conformities with respect to the setback of that structure or increase the footprint of the structure except in conformance with current zoning regulations subject to approval by the Zoning Administrator;
(3) The building shall be in conformance with the National Flood Insurance Program requirements and procedures;
(4) All structural, plumbing, electrical and related requirements of the adopted Building Code shall be met at current standards;
(5) No portion of the building or structure encroaches into an area planned for widening or extension of existing or future streets;
(6) All natural hazard mitigation requirements of the code of the Town of Duck and any or all state and federal wetlands and environmental review approvals are obtained;
(7) Repair or reconstruction shall commence within 1 year of the date of the casualty loss and shall be completed within 2 years from the casualty loss date. The Planning Director may grant an extension of the commencement period or the completion period, not to exceed 1 year in either case, if the applicant demonstrates a reasonable need;
(8) The Planning Director shall verify the status of a non-conforming structure proposed to be reconstructed under the terms of this chapter and may require an applicant to verify the existence, continuity, nature and extent of the use or structure as well as the circumstances surrounding the casualty loss; and
(9) An applicant for reconstruction of a non-conforming property under this section will be required to comply with all applicable parking and driveway access requirements that can be satisfied on the lot and meet setbacks to the extent possible. This section applies only to the reconstruction of single-family homes and shall not be applicable to non-conforming accessory structures on the property.
(F) If an existing accessory structure to a single-family residence, such as a swimming pool, that does not conform to the minimum setback requirements of this chapter is undamaged or damaged to an extent less than 50% of its replacement value in a casualty loss situation related to the principal dwelling unit on the property, the pool may remain or be repaired in its originally approved location provided that the criteria established in division (E)(9) above are met for the principle structure and that the property as reconstructed will meet the maximum lot coverage requirements established by the Zoning Chapter. In approving the continuation or repair of an accessory structure under the terms of this section, the Zoning Administrator may require the applicant to mitigate the proximity of the structure to the lot line by installing landscape plantings and privacy fencing, or limiting or shielding lighting and sound equipment as appropriate.
(Ord. 04-21, passed 10-6-2004, § 33)
§ 156.074 NON-CONFORMING USES OF BUILDINGS OR OF BUILDINGS AND PREMISES
If a lawful use involving buildings with a replacement cost of $1,000 or more, or involving building and premises in combination, exists on July 3, 2002, 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 the use on July 3, 2002, or on the effective date of any applicable amendment of this chapter, but no like use shall be extended to occupy any land outside the 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 Town Council, to any use more in character with uses permitted in the district. In permitting a change, the Town Council 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 10 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 section, is defined as damage to an extent of more than 50% of the replacement cost at the time of destruction;
(G) Notwithstanding any other regulation with respect to non-conformity of previously-approved multi-family uses in residential zoning districts, condominiums or condominium buildings that are destroyed by documented casualty loss may be reconstructed subject to the original approved site plan for the development, provided that the reconstruction shall begin within 1 year and be completed within 2 years of the casualty loss date. The Planning Director shall verify the status of a non-conforming structure proposed to be reconstructed under the terms of this chapter and may require an applicant to verify the existence, continuity, nature and extent of the use or structure(s) as well as the circumstances surrounding the casualty loss; and
(H) Notwithstanding any other regulation with respect to the non-conforming use of single-family homes in commercial districts (VC, C-1 and C-2), single-family dwellings that were existing and occupied as single-family homes as of November 3, 2004 may be maintained, repaired, reconstructed, altered, improved, enlarged, extended or moved on an existing parcel subject to the requirements of the RS-1 Zoning District.
(Ord. 04-21, passed 10-6-2004, § 34)
§ 156.075 REPAIRS AND MAINTENANCE.
(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 gross square footage 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 the official.
(Ord. 04-21, passed 10-6-2004, § 35)
§ 156.076 PERMITTED SPECIAL USES NOT NON-CONFORMING.
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 the district but shall without further action be considered a conforming use.
(Ord. 04-21, passed 10-6-2004, § 36; Am. Ord. 21-01, passed 6-2-2021)