It is recognized that lawful nonconforming structures may currently exist at the adoption of these design standards or may develop as a result of either future amendments of these design standards or amendment of the Bald Head Island zoning map. Such nonconformities may continue, but generally should not be changed, expanded or enlarged in such a manner as to increase the extent of the nonconformity with the then existing design standards. It is the purpose of this section to encourage the eventual cessation of nonconformities, but to provide that such structures may be reasonably repaired and maintained.
(a) Any nonconforming structure in existence at the time of the adoption of this chapter or subsequent amendment to this chapter or the Bald Head Island zoning map that creates a nonconforming structure shall not be subject to these design standards at the time of adoption. Use of the structure may be continued without the need for alteration to conform with these design standards. Such use includes performing normal repair and maintenance updates to the structure, except that where an exterior feature of a structure is to be repainted or reclad, such work must be done in conformance with the color and siding requirements of these design standards. Additionally, replacement of features such as doors, windows, roof materials, or decorative items on a nonconforming structure should, as far as possible, be done in a way that conforms with the spirit of these design standards. Notwithstanding the foregoing, it is the intent of this section to permit nonconforming structures to be repaired or maintained in the normal course even if a conforming feature cannot reasonably be used.
(b) The square footage of a nonconforming structure shall not be expanded or enlarged except (1) to comply with the requirements of federal or state laws or a local ordinance of general applicability, including a zoning ordinance where use of the structure is changed, or (2) to make such structure conform with these design standards.
(c) Any nonconforming structure which, at any time, is not in use for an 180 day period following the adoption of this chapter or subsequent amendment that creates a nonconforming structure shall be considered to have discontinued operations and, therefore, regardless of the reason or intent of such discontinuance, will no longer be permitted for any use without alteration to substantially comply with these design standards as determined by the CRB. The initial decision as to whether an existing nonconforming structure has been abandoned shall be made by the CRB administrator.
(d) The reconstruction or renovation of a nonconforming structure that is damaged or destroyed as a result of fire, storm, or other natural/uncontrollable factor such that more than 50% of the structure would need to be reconstructed in order for the structure to continue being used shall be subject to the new construction design standards of this chapter, and shall be permitted only upon securing all approvals required for a new construction project.
(Ord. No. 2023-1102, 11-17-2023)