Any vacant lot legally recorded prior to the adoption of this chapter that, at the time of such recording, was in compliance with all dimensional requirements for single-family dwellings in effect at the time, and that does not meet the minimum lot size, minimum lot width, or minimum highway frontage requirements as specified on Schedule A[1] herein, shall be considered as a legal nonconforming lot, and no variance shall be required for use of the lot for single-family residential purposes, provided that such lot does not adjoin any other parcels held by the same owner which if combined with said lot would result in a larger lot, minimum front, side and rear building setbacks as specified on Schedule A herein are satisfied, and there is adequate provision for wastewater treatment and disposal.

Existing buildings and structures located on such undersized lots of record may be reconstructed or expanded without the issuance of a variance provided that minimum front, side and rear building setbacks as specified on Schedule A are satisfied, except that in the event of damage by fire, flood, wind, hurricane, tornado or other acts beyond the control of man, § 160-47D shall apply.

Buildings and structures existing prior to the adoption of this Zoning Law which are placed closer to front, side or rear lot lines than permitted by Schedule A[1] herein shall not be expanded within such setback areas without a variance from the Zoning Board of Appeals. Nothing in this section shall confer legal status on a building or structure that was not in conformance with the requirements of the prior zoning law.

A residential lot created by a subdivision approved by the Planning Board will not be subject to an increase in side, rear or front yard set back requirements in excess of those applicable to lots under the provisions of the zoning law in force and effect at the time of the filing of the of the approved residential subdivision plat or first section thereof for a period of three years after the filing of the approved plat or first section thereof.

Enlargement of buildings and structures. Buildings and structures which contain a nonconforming use may not be enlarged without issuance of a variance by the Zoning Board of Appeals. Any such variance will be treated as an area variance and subject to the requirements of § 160-84 of the Zoning Law.

Expansion of area. No nonconforming use may expand to occupy a greater area of land without the issuance of a variance by the Zoning Board of Appeals. Any such variance will be treated as an area variance and subject to the requirements of § 160-84 of the Zoning Law.

Increase in intensity. No nonconforming use may increase in the intensity or in the character of the use that was established as of the effective date of this Zoning Law without issuance of a variance by the Zoning Board of Appeals. Any such variance will be treated as a use variance and subject to the requirements of § 160-85 of the Zoning Law.

Unsafe buildings and structures. Any legal nonconforming building or structure, or portion thereof, declared unsafe pursuant to § 77-9 of the Town of Inlet Code may be restored to a safe condition within one year of such declaration. Upon application to the Zoning Board of Appeals, this period may be extended upon a showing of good cause. If not restored within one year or any extended period, the building must be removed or modified so as to be fully conforming with the requirements of the Zoning Law.

Restoration. Any building, structure or use which is nonconforming to the use, bulk or area provisions of this chapter, which is damaged by fire, flood, wind, hurricane, tornado, or other acts beyond the control of man may be repaired or rebuilt according to its original use, bulk and area, provided such rebuilding or repair be accomplished within two years after such damage occurs.

Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year there will be a presumption that it has been abandoned, except as provided in Subsection D above, where the presumption will arise after two years. The presumption that the use has been abandoned will be irrefutable unless prior to the expiration of the identified period, an application is submitted to the Town Board for an extension and such application is granted. The Town Board will extend the period upon a showing that there is intent to continue the use and that there are realistic plans to reestablish it. In granting an extension, the Town Board may impose reasonable conditions. In the event that a nonconforming use is abandoned, all future uses shall be in conformity with these regulations.

Changes. Once changed to a conforming use, no building, structure or land so changed shall be permitted to revert to a nonconforming use without the issuance of a variance.

Ownership. Any nonconforming use conducted on a parcel which is sold to another party may be continued, provided that such use is continued, or if discontinued, reestablished within one year of the sale.

All uses shall provide adequate off-street parking for all vehicles parked during typical peak use periods.

Parking areas should be designed to eliminate the necessity to back out or to park on the shoulder of public roads.

A parking space shall not be less than nine feet by 20 feet, exclusive of accessways and driveways.

Existing uses must comply with these minimum off-road parking requirements if the use changes, if the use expands its gross floor area by 25% or more during a three-year period, or if the use is discontinued for a period of one year and seeks to be reestablished.

All applicable laws pertaining to handicapped accessible parking spaces must be complied with.

In calculating the number of required parking spaces, fractional portions shall be rounded to the nearest whole number.

Floor areas for the purpose of computing parking requirements shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic areas used primarily for storage or service.

For uses not specifically listed in Subsection J below, the requirement shall be the same as for the most similar use listed, as otherwise provided in this chapter, or as determined by the Planning Board.

The Planning Board shall have the authority to reduce or increase the requirements stated in Subsection K of this section at the time of site plan approval. Requirements may be reduced if the applicant can demonstrate the need for fewer parking spaces.

Minimum number of parking spaces:

Setbacks for docks and boathouses. Setbacks for docks and boathouses shall be such that any dock or boathouse shall not be within 10 feet of any side yard lot lines, as those lines are extended on the same course into a body of water from the point where the lot line touches said body of water at the shoreline at the mean high water mark. The front yard setback requirements are not applicable to a boathouse or dock. Only one boathouse shall be permitted on any shoreline lot. No boathouse or dock shall be constructed to dam, deflect or impede the flow of water at the mean high water elevation or interfere with navigation or with access to adjoining lots.

Boathouses must conform to APA guidelines.