Where, on the effective date of this chapter, there is a zoning nonconformity, such nonconformity may be continued so long as it remains lawful, subject to the following provisions:
(A) Single-family and duplex nonconforming structures shall be subject to the following provisions:
(1) Any zoning nonconformity where the cost of the addition, structural alteration, reconstruction/repair or remodel exceeds 50% of the structural valuation the site shall be brought into compliance with the regulations of this chapter. Multiple projects/approvals cannot cumulatively exceed 50% of the structural valuation within 365 days.
(2) Any zoning nonconformity may be modified by an addition, structural alteration, reconstruction/repair or remodel in a manner which does not increase its nonconformity where the cost of that addition, structural alteration, reconstruction/repair or remodel is less than 50% of structural valuation and subject to the following provisions.
(a) Increases to the gross floor area of the principal structure and/or addition of a bedroom(s), with the exception of unheated storage areas, shall require all parking and driveways be brought into compliance with this chapter.
(B) Commercial, industrial and institutional zoning nonconformities shall be subject to the following provisions:
(1) Any zoning nonconformity where the addition to the gross floor area exceeds 50% of the gross floor area, the site shall be brought into compliance with the regulations of this chapter. Multiple projects/approvals cannot cumulatively exceed 50% of the gross floor area within 365 days.
(2) Any zoning nonconformity may be modified by an addition, structural alteration, reconstruction/repair, remodel or change of use subject to the following provisions:
(a) Any repair/reconstruction or change of use shall be permitted provided that the repair/reconstruction or change of use does not increase any nonconformity.
(b) Remodels interior and/or exterior and structural alteration shall be permitted provided that the remodel does not increase any nonconformity and conforms to all applicable regulations of the Town Code.
(c) Additions less than 20% of the gross floor area or 1,500 square feet, whichever is less, and site feature additions less than 50% of the footprint of existing site features shall be permitted provided that the addition does not increase any nonconformity and conforms to all applicable regulations of the Town Code.
(d) Using the nonconformity worksheet (hereby "the worksheet") and associated rules located in Appendix F, the following improvements will be required to be within the proposed corresponding points from total ordinance required points for the site and have a minimum 2 point differential between existing and proposed points as follows:
1. Additions:
A. Principal building:
i. Additions of 20%–35% of the gross floor area or greater than 1,500 square feet, shall have a proposed point value within 10 points from total ordinance required points as calculated on the worksheet;
ii. Additions of 36%–50% of the gross floor area or greater than 1,500 square feet, shall have a proposed point value within 5 points from total ordinance required points as calculated on the worksheet.
iii. Additions greater than 50% of the gross floor area or greater than 1,500 square feet, shall comply with the zoning ordinance.
B. Site features greater than 50% shall have a proposed point value within 20 points from total ordinance required points as calculated on the worksheet.
(3) Nonconforming sunrooms constructed prior to November 18, 1991 may be reconstructed/repaired with another type of construction provided that the resultant footprint is equal to or less than the footprint of the existing sunroom.
(C) Historic structures.
(1) Commercial structures designated Local Historic Landmarks in accordance with § 31.42 and commercial structures built prior to the adoption of zoning ordinance, November 30, 1953 shall comply with the provisions:
(a) Any historic structure zoning nonconformity where the cost of the addition, structural alteration, reconstruction/repair or remodel exceeds 50% of the structural valuation the site shall be brought into compliance with the regulations of this chapter. Multiple projects/approvals cannot cumulatively exceed 50% of the structural valuation within 365 days.
(b) Any historic structure zoning nonconformity may be modified by an addition, structural alteration, reconstruction/repair or remodel in a manner which does not increase its nonconformity where the cost of that addition, structural alteration, reconstruction/repair or remodel is less than 50% of structural valuation and subject to the following provision:
1. All applicable regulations of the Town Code shall be met for the addition to the structure.
(D) In the event a natural disaster, casualty loss or accidental occurrence leads to extensive damage to a structure that is nonconforming in any respect or a structure that is used in a nonconforming manner, that structure or use may be repaired or reconstructed to 100% of its status as of the date of enactment of this chapter. In a State of Emergency declared by the Mayor, see § 153.359(C). The following conditions shall apply:
(1) The total amount of space devoted to a nonconforming use may not be restricted;
(2) The reconstructed building may not be more nonconforming with respect to dimensional restrictions, such as yard requirements, height limitations, lot coverage or density requirements, and such dimensional nonconformities must be less nonconforming;
(3) Reconstruction work may be done only after issuance of a permit by the Board of Commissioners. The Board of Commissioners shall issue the permit if it finds that the work will be done in accordance with this section and that all reasonable efforts have been made to reduce nonconforming items using the nonconformity worksheet as a guide (Appendix F of this chapter).
(E) Any such nonconforming structure located on a lot adjacent to the Atlantic Ocean or sound waters may be moved on the same lot, provided that such movement does not increase the nonconformity.
(Ord. 91-08, passed 11-18-91; Am. Ord. 93-11, passed 9-13-93; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 04-15, passed 9-13-04; Am. Ord. 05-15, passed 9-12-05; Am. Ord. 07-18, passed 10-24-07; Am. Ord. 08-03, passed 1-14-08; Am. Ord. 08-06, passed 2-11-08; Am. Ord. 08-08, passed 2-27-08; Am. Ord. 09-01, passed 1-28-09; Am. Ord. 10-20, passed 11-10-10; Am. Ord. 11-06, passed 4-11-11; Am. Ord. 14-07, passed 6-17-14; Am. Ord. 18-4, passed 6-14-21)