(A) Generally. The town is a fully developed community which was designed and intended predominantly for residential use in single-family mobile homes. A lesser area of the town is fully developed to support and serve the residential use under various nonresidential land uses. Less than one acre of vacant land is available for new development, which would be utilized within the existing pattern of development. There is no realistic opportunity for annexation of additional lands to increase the town boundaries. The primary concern of the town, therefore, is to continue the present pattern of land development and the existing use and occupancy of the mobile homes and buildings thereof by the citizens and residents of the town while also recognizing the need to permit more resilient home construction opportunities.
(B) Purpose. It is the purpose of this subchapter to permit the continuation of those lots, mobile homes and buildings, structures, occupancy, uses, characteristics of use or combinations thereof, which were in accordance with the regulations that were in effect before the passage of this subchapter and the Land Development Code of the town, including any such use and occupancy which would be prohibited, regulated or restricted under the terms of this code or any future amendments thereto. For purposes of this subchapter, an EXISTING USE is defined as a lot, structure, occupancy or use or combination thereof that was in existence before the effective date of this subchapter and this chapter. Any structure in an “existing use” area may from time to time be repaired or improved, provided however that any such repair or improvement shall not extend the structure beyond its reasonable useful life expectancy, nor reduce the amount of required open space, nor reduce the minimum setback requirement. It is the further purpose of this subchapter that all future replacement of mobile homes must meet the current setback requests and must also conform to the new regulations applicable thereto.
(C) Intent. It is the intent of this subchapter and this chapter to accept and approve the use, lots, structures and all characteristics of use and occupancy of those mobile homes, trailers and manufactured housing units and conventional buildings and structures which were in conformance prior to the enactment of this subchapter and the land development code of the town, which are located within the Districts designated as Residential Mobile Home Districts I through V, inclusive, Commercial District, Parking and Landscaping District, Public and Semi-Public District and Recreation District, as shown on the official zoning map of the town.
(D) Overlay district. Given the location of the town on a barrier island, and the increasing impacts of sea level rise and coastal flooding, the town recognizes the benefit to residents for home construction that permits residential units within existing lots. In order to support such construction, the town has created an overlay district that will maintain the underlying residential setbacks and dimensions, but allow for limited vertical home construction in Districts I through IV so that property owners can elevate homes out of the floodplain with permanent structures. Elevation of properties (not homes) with fill in Districts III and IV will be phased to address flooding impacts that will occur in conjunction with home reconstruction and in coordination with other capital improvements including, but not limited to roads, drainage and the shoreline. The goal is to maintain the character of the town, but to support resilient elevated residential units (limited to two stories) and properties that will reduce risk and hazards to people and property.
(Ord. 1-90, passed 1-31-1991; Ord. 01-2023, passed 5-25-2023)