Rehoboth Beach City Zoning Code
ARTICLE VI
Nonconformity
§ 270-46.2 Replacement of nonconforming retaining walls.
Notwithstanding anything contained in this chapter to the contrary, a retaining wall existing on December 16, 2011, which is constructed in a required yard area may be replaced, provided:
A.
The replacement retaining wall will be no higher and will not deviate from the location of the retaining wall it is replacing.
B.
An existing retaining wall that spans a property line may only be replaced with the consent of all the owners of property on which the existing retaining wall is constructed.
C.
No building permit shall be issued until a property survey showing the height and location of the existing retaining wall and drawings detailing the new retaining wall, all prepared by an appropriate professional, are submitted and approved by the Building Inspector.
§ 270-47 Nonconforming buildings and uses exempt.
A.
Any structure or use legally existing or authorized by a valid, unexpired building permit issued prior to the effective date of this chapter may be continued although such structure and/or use does not conform to the provisions of this chapter.
B.
If a nonconforming use ceases for one year, it shall be deemed to be abandoned, and any subsequent use shall be in conformity with the provisions of this chapter.
§ 270-48 Changing classification of nonconforming uses.
A nonconforming use of a structure may be changed to another nonconforming use of the same or a more restricted classification if authorized by the Board of Adjustment. Whenever a nonconforming use of a structure has been changed to a more restrictive classification or to a conforming use, such use shall not thereafter be changed to a use of a less restrictive classification.
§ 270-49 Structural alterations and repairs.
Repairs, re-siding and internal alterations, including structural, may be made in any structure or part thereof which is devoted to a nonconforming use or which was erected in a nonconforming manner, provided that a special exception must be secured if the existing nonconforming use is being changed to a different nonconforming use or the existing nonconforming area within the structure is to be increased.
§ 270-49.1 Demolition and removal.
[Added 8-7-2006 by Ord. No. 0806-1]
Any nonconforming structure or structure devoted to a nonconforming use shall be deemed abandoned if such structure is demolished or if more than 50% of such structure is removed. Such structure shall not be rebuilt, repaired, remodeled, or altered unless the entire structure is made to comply with this chapter.
§ 270-50 Extension of nonconforming structures.
A.
A structure devoted to a nonconforming use may not be extended vertically, horizontally or in any other direction.
B.
Any legal nonconforming structure devoted to a conforming use may be extended, provided that such extension conforms to the applicable dimensional requirements of the zoning district in which the legal nonconforming structure is located.
[Amended 8-7-2006 by Ord. No. 0806-1]
C.
In an R-1 or R-1(S) District where an accessory structure is used in part as a dwelling or dwelling unit as defined herein and is permitted as a valid nonconforming use, the dwelling unit use may not be extended within the structure.
D.
In an R-1 or R-1(S) District where an accessory structure is not being used as a dwelling unit as defined herein but is being used, in whole or in part for either living or sleeping, such use or uses may not be extended within the structure nor may the structure be extended either vertically, horizontally or in any other direction if such extension is used or intended to be used for either living or sleeping.
§ 270-51 Destruction and rebuilding of nonconforming structure or use.
A nonconforming structure or a structure occupied by a nonconforming use which is destroyed by fire, explosion or act of God may be rebuilt and reused for the same purpose, provided that:
A.
The reconstruction of the building is commenced within six months from the date the building was destroyed and is carried through completion without undue delay. The Board of Adjustment may grant an extension of not exceeding an additional period of six months, within which the reconstruction may be commenced in any case where the delay has been the result of causes outside the control of the owner of the building so destroyed.
B.
The reconstructed building does not exceed in height the limit in the zoning district of the building destroyed, except when authorized by a special exception.
§ 270-52 Determination of nonconformity.
The existence and extent of a nonconforming use shall be a question of fact to be determined by the Building Inspector. If, after investigation and an on-site inspection, he cannot make a confident determination, he shall deny the existence or extent of the nonconformity and shall notify the property owner of his right to appeal to the Board of Adjustment.
§ 270-53 (Reserved) [1]
[1]
Editor’s Note: Former § 270-53, Relocation of nonconforming restaurant, was repealed 10-21-2016 by Ord. No. 1016-01.
§ 270-54 (Reserved) [1]
[1]
Editor’s Note: Former § 270-54, Relocation of nonconforming patio, was repealed 10-21-2016 by Ord. No. 1016-01.
§ 270-55 Extension of nonconforming uses of land.
[Added 1-10-1997 by Ord. 197-2]
A.
Any use of land devoted to a nonconforming use shall not be extended.
B.
Every building lot in a R-1(S), R-1 or R-2 District not having the mandated percentage of gross lot area remaining a natural area, as required by § 270-21A(1), existing at the time of the effective date of this section, shall not be decreased in size as to its existing natural area.