These standards for non-conforming uses and structures shall apply to those areas zoned Wanchese Village Residential (VR); Wanchese Waterfront Residential (WR-1); Baumtown residential (BT); Wanchese Residential Business (RB); Wanchese Neighborhood Commercial (NC); Historic Mill Landing Marine (HML); Wanchese Village Commercial (WVC); Harbor Road Marine Commercial (MC-2); Wanchese Wharf Marine Commercial (MC-1); Highway 345 Business ( Hwy 345) and the Wanchese Seafood Industrial Park (WSIP).
1. Any district, in which single-family dwellings are permitted, a single family dwelling and customary accessory buildings, including accessory dwelling units, may be erected on a single lot of record on March 24, 2006.
2. Any district in which village commercial, neighborhood commercial, commercial, or marine commercial uses are permitted, a commercial use and customary accessory building , including a traditional village business, may be erected on any single lot of record on (insert date of adoption).
3. Non-conforming uses of land: Where a lawful use of land exists which would not be permitted by the regulations imposed by the Wanchese zoning districts, the use may continue so long as it remains otherwise lawful, provided that:
a. No such non-conforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied on March 24, 2006.
b. If any such non-conforming use of land ceases for a period of 10 consecutive months for any reason, any subsequent use of the land shall conform to the regulations specified in the applicable zoning district for the land.
c. No such non-conforming uses shall be moved in whole or in part to any portion of the lot or parcel than previously occupied.
4. Non-conforming uses of buildings or of buildings and premises in combination:
a. Repair and maintenance — a structure existing prior to March 24, 2006 that does not conform to the standards of the Wanchese zoning districts shall be considered a “grandfathered” (non-conforming) structure. In the event that a “grandfathered” (non-conforming) structure requires repairs or maintenance for general upkeep and safety, Section 22-51(c) shall not apply. Work may be done on “grandfathered” (non-conforming) structures for ordinary repairs and safety, provided the floor area shall not be increased.
b. Total loss of non-conforming structure: In the event that a “grandfathered” (non-conforming) structure is destroyed or damaged beyond its value, the structure may be reconstructed to its former status, but no greater than before. The standards of Section 22-49(b) to (d) do not apply to the Wanchese zoning districts.
c. Relocation of a structure: In the case when an older structure is damaged or destroyed beyond its value, every measure shall be taken to place the new structure, if possible, within current setback lines, or a portion thereof. If relocation of the structure to fit within the setback lines is not possible, then the structure may be reconstructed to its former status, but no greater.
d. Exception for relocation of structure: In the case when a structure previously encroached on NCDOT right-of-way, written notification from NCDOT shall be required and presented to the Dare County Planning Department before reconstruction. This provision includes residential homes, boathouses, fish houses, manufacturing buildings, docks, piers, wharves and other similar commercial structures and customary use structures.
e. Other state or federal regulations beyond the scope of the Dare County Zoning Ordinance may affect the reconstruction of non-conforming structures. (Adopted by the DCBC on March 24, 2006; Amended by the DCBC on June 5, 2006)