Where a lawful structure exists on July 3, 2002, on the effective date of any applicable amendment of this chapter, that could not be built under the terms of this chapter by reason of restrictions on area, number of bedrooms, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains lawful, subject to the following provisions.
(A) No like non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
(B) Should the non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter.
(C) Should a structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(D) Any like non-conforming structure located on a lot adjacent to the Atlantic Ocean or sound waters may be moved on the same lot; provided, that the movement does not increase the non-conformity of the structure in any way.
(E) Notwithstanding any other regulation with respect to non-conforming structures or lots, any principal structure used for single-family residential purposes (other than a mobile home) that is subject to documented casualty loss may be repaired or replaced in kind with a similar structure so long as:
(1) The enlargement or replacement does not create new non-conformities or increase the extent of existing non-conformities with respect to matters such as number of bedrooms permitted, setbacks and parking;
(2) To the extent possible, current parking requirements will be met on the site during reconstruction of a non-conforming principal residential structure; this may involve relocation of the principal structure but not create any new non-conformities with respect to the setback of that structure or increase the footprint of the structure except in conformance with current zoning regulations subject to approval by the Zoning Administrator;
(3) The building shall be in conformance with the National Flood Insurance Program requirements and procedures;
(4) All structural, plumbing, electrical and related requirements of the adopted Building Code shall be met at current standards;
(5) No portion of the building or structure encroaches into an area planned for widening or extension of existing or future streets;
(6) All natural hazard mitigation requirements of the code of the Town of Duck and any or all state and federal wetlands and environmental review approvals are obtained;
(7) Repair or reconstruction shall commence within 1 year of the date of the casualty loss and shall be completed within 2 years from the casualty loss date. The Planning Director may grant an extension of the commencement period or the completion period, not to exceed 1 year in either case, if the applicant demonstrates a reasonable need;
(8) The Planning Director shall verify the status of a non-conforming structure proposed to be reconstructed under the terms of this chapter and may require an applicant to verify the existence, continuity, nature and extent of the use or structure as well as the circumstances surrounding the casualty loss; and
(9) An applicant for reconstruction of a non-conforming property under this section will be required to comply with all applicable parking and driveway access requirements that can be satisfied on the lot and meet setbacks to the extent possible. This section applies only to the reconstruction of single-family homes and shall not be applicable to non-conforming accessory structures on the property.
(F) If an existing accessory structure to a single-family residence, such as a swimming pool, that does not conform to the minimum setback requirements of this chapter is undamaged or damaged to an extent less than 50% of its replacement value in a casualty loss situation related to the principal dwelling unit on the property, the pool may remain or be repaired in its originally approved location provided that the criteria established in division (E)(9) above are met for the principle structure and that the property as reconstructed will meet the maximum lot coverage requirements established by the Zoning Chapter. In approving the continuation or repair of an accessory structure under the terms of this section, the Zoning Administrator may require the applicant to mitigate the proximity of the structure to the lot line by installing landscape plantings and privacy fencing, or limiting or shielding lighting and sound equipment as appropriate.
(Ord. 04-21, passed 10-6-2004, § 33)