This chapter establishes standards and guidelines on the use and development of land by establishing minimum standards as guidelines for managing growth in a direction that will result in an environment satisfactory to the residents and visitors of the town. In many instances, land and improvements were developed or proposals for such were initiated prior to the adoption of this chapter. These situations may not meet the minimum standards contained in this chapter because they were developed under no specific standards or under standards which were less restrictive. The Board recognizes that the strict application of these standards to such situations may create certain hardships for the property owner. Therefore, it is the intent of this subchapter to permit, under certain circumstances, these nonconformities to continue and be brought into greater compliance.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-11, passed 9-13-93; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 07-18, passed 10-24-07; Am. Ord. 18-4, passed 6-14-21)

   (A)   In any district, other than Maritime Forest Environmental District, in which single- family dwellings are permitted, a single-family dwelling and accessory structures may be erected on any single lot of record in the Dare County Registry of Deeds as of the effective date of this chapter notwithstanding limitations imposed by other provisions of this chapter. These provisions shall apply even though such lot fails to meet the requirements for lot area or lot dimension that are applicable in the district, provided that requirements other than those applying to lot area or lot dimension shall conform to the regulations for the district in which such lot is located.

   (B)   Any expansion of any building occupying a nonconforming lot, as of the effective date of this chapter, must comply with the minimum requirements of the ordinance, other than lot area and lot dimension, for the district in which the lot is located.

   (C)   Combined lots shall not be subdivided or exempt from the subdivision requirements if such division will create any nonconformity.

   (D)   No such lot with a width of less than 45 feet shall be occupied by any structure without first obtaining a variance from the Zoning Board of Adjustment. Such lots having a width of 45 feet or greater shall not be required to seek a variance from the Zoning Board of Adjustments regarding the width of the lot.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-11, passed 9-13-93; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 11-01, passed 1-10-11; Am. Ord. 12-17, passed 8-13-12; Am. Ord. 18-4, passed 6-14-21)

   Where, at the effective date of this chapter, existing uses of land are no longer permissible under the terms of this chapter, such use may be continued provided that:

   (A)   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area than was occupied at the effective date of this chapter;

   (B)   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of this chapter;

   (C)   If such nonconforming use of land ceases for any reason for a period of more than 60 days, any subsequent use of such land shall conform to the requirements specified by this chapter for the district in which such land is located unless good faith attempts are made to rent or lease the land for the same nonconforming use. In no event will the period exceed 180 days. Land occupied by seasonal uses shall be exempt from this provision.

   (D)   No additional structures not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land;

   (E)   A conforming or nonconforming use of land may not be changed to any other nonconforming use.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-11, passed 9-13-93; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 07-18, passed 10-24-07; Am. Ord. 18-4, passed 6-14-21)

   Where, on the effective date of this chapter, there is a zoning nonconformity, such nonconformity may be continued so long as it remains lawful, subject to the following provisions:

   (A)   Single-family and duplex nonconforming structures shall be subject to the following provisions:

      (1)   Any zoning nonconformity where the cost of the addition, structural alteration, reconstruction/repair or remodel exceeds 50% of the structural valuation the site shall be brought into compliance with the regulations of this chapter. Multiple projects/approvals cannot cumulatively exceed 50% of the structural valuation within 365 days.

      (2)   Any zoning nonconformity may be modified by an addition, structural alteration, reconstruction/repair or remodel in a manner which does not increase its nonconformity where the cost of that addition, structural alteration, reconstruction/repair or remodel is less than 50% of structural valuation and subject to the following provisions.

         (a)   Increases to the gross floor area of the principal structure and/or addition of a bedroom(s), with the exception of unheated storage areas, shall require all parking and driveways be brought into compliance with this chapter.

   (B)   Commercial, industrial and institutional zoning nonconformities shall be subject to the following provisions:

      (1)   Any zoning nonconformity where the addition to the gross floor area exceeds 50% of the gross floor area, the site shall be brought into compliance with the regulations of this chapter. Multiple projects/approvals cannot cumulatively exceed 50% of the gross floor area within 365 days.

      (2)   Any zoning nonconformity may be modified by an addition, structural alteration, reconstruction/repair, remodel or change of use subject to the following provisions:

         (a)   Any repair/reconstruction or change of use shall be permitted provided that the repair/reconstruction or change of use does not increase any nonconformity.

         (b)   Remodels interior and/or exterior and structural alteration shall be permitted provided that the remodel does not increase any nonconformity and conforms to all applicable regulations of the Town Code.

         (c)   Additions less than 20% of the gross floor area or 1,500 square feet, whichever is less, and site feature additions less than 50% of the footprint of existing site features shall be permitted provided that the addition does not increase any nonconformity and conforms to all applicable regulations of the Town Code.

         (d)   Using the nonconformity worksheet (hereby "the worksheet") and associated rules located in Appendix F, the following improvements will be required to be within the proposed corresponding points from total ordinance required points for the site and have a minimum 2 point differential between existing and proposed points as follows:

            1.   Additions:

               A.   Principal building:

                  i.   Additions of 20%–35% of the gross floor area or greater than 1,500 square feet, shall have a proposed point value within 10 points from total ordinance required points as calculated on the worksheet;

                  ii.   Additions of 36%–50% of the gross floor area or greater than 1,500 square feet, shall have a proposed point value within 5 points from total ordinance required points as calculated on the worksheet.

                  iii.   Additions greater than 50% of the gross floor area or greater than 1,500 square feet, shall comply with the zoning ordinance.

               B.   Site features greater than 50% shall have a proposed point value within 20 points from total ordinance required points as calculated on the worksheet.

      (3)   Nonconforming sunrooms constructed prior to November 18, 1991 may be reconstructed/repaired with another type of construction provided that the resultant footprint is equal to or less than the footprint of the existing sunroom.

   (C)   Historic structures.

      (1)   Commercial structures designated Local Historic Landmarks in accordance with § 31.42 and commercial structures built prior to the adoption of zoning ordinance, November 30, 1953 shall comply with the provisions:

         (a)   Any historic structure zoning nonconformity where the cost of the addition, structural alteration, reconstruction/repair or remodel exceeds 50% of the structural valuation the site shall be brought into compliance with the regulations of this chapter. Multiple projects/approvals cannot cumulatively exceed 50% of the structural valuation within 365 days.

         (b)   Any historic structure zoning nonconformity may be modified by an addition, structural alteration, reconstruction/repair or remodel in a manner which does not increase its nonconformity where the cost of that addition, structural alteration, reconstruction/repair or remodel is less than 50% of structural valuation and subject to the following provision:

            1.   All applicable regulations of the Town Code shall be met for the addition to the structure.

   (D)   In the event a natural disaster, casualty loss or accidental occurrence leads to extensive damage to a structure that is nonconforming in any respect or a structure that is used in a nonconforming manner, that structure or use may be repaired or reconstructed to 100% of its status as of the date of enactment of this chapter. In a State of Emergency declared by the Mayor, see § 153.359(C). The following conditions shall apply:

      (1)   The total amount of space devoted to a nonconforming use may not be restricted;

      (2)   The reconstructed building may not be more nonconforming with respect to dimensional restrictions, such as yard requirements, height limitations, lot coverage or density requirements, and such dimensional nonconformities must be less nonconforming;

      (3)   Reconstruction work may be done only after issuance of a permit by the Board of Commissioners. The Board of Commissioners shall issue the permit if it finds that the work will be done in accordance with this section and that all reasonable efforts have been made to reduce nonconforming items using the nonconformity worksheet as a guide (Appendix F of this chapter).

   (E)   Any such nonconforming structure located on a lot adjacent to the Atlantic Ocean or sound waters may be moved on the same lot, provided that such movement does not increase the nonconformity.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-11, passed 9-13-93; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 04-15, passed 9-13-04; Am. Ord. 05-15, passed 9-12-05; Am. Ord. 07-18, passed 10-24-07; Am. Ord. 08-03, passed 1-14-08; Am. Ord. 08-06, passed 2-11-08; Am. Ord. 08-08, passed 2-27-08; Am. Ord. 09-01, passed 1-28-09; Am. Ord. 10-20, passed 11-10-10; Am. Ord. 11-06, passed 4-11-11; Am. Ord. 14-07, passed 6-17-14; Am. Ord. 18-4, passed 6-14-21)

   A sign which existed legally prior to the adoption of this chapter but which could not be erected or displayed under the terms of this chapter may be allowed to continue subject to the following provisions:

   (A)   Minor repairs and maintenance of nonconforming signs, including but not limited to repainting, electrical repairs or neon tubing repairs will be allowed. No structural repairs or changes in size, shape or message of a sign will be permitted except to make the sign comply with the requirements of this chapter.

   (B)   New signs related to legally established nonconforming uses may be erected, provided they comply with the sign regulations which apply to the use in the most restricted district in which the use is permitted.

   (C)   Nonconforming signs will be removed if the activity, business or use to which it relates has been discontinued for a period of more than 180 consecutive days.

   (D)   When it becomes necessary to reconstruct any sign for a particular business, every associated sign related to this business, including directional, must also be brought into compliance with this chapter.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-11, passed 9-13-93; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   A change of tenancy, ownership or management of any existing nonconformities is allowed, provided there is no change in the nature or character of such nonconformities.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-11, passed 9-13-93; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   Any use which is permitted as a special use in a district under the terms of this chapter shall not be deemed a nonconforming use in such district but shall, without further action, be considered a conforming use.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-11, passed 9-13-93; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   Boundary lines of lots or parcels shall not be altered if the resulting parcels create a nonconformity.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-11, passed 9-13-93; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)