(A) Nonconforming Structures. Except as otherwise provided in this subsection (A), access structures and beach walkovers that are damaged or destroyed greater than 50% of their replacement value may only be built back in conformance with current requirements as set forth in this section. Access structures and beach walkovers for single-family and duplex lots that are damaged or destroyed greater than 50% of their replacement value may not be built back. All determinations of replacement value under this section shall be made by the Building Inspector.
(B) Exception for Handicapped Accessible Beach Access Structures. The Board of Aldermen or their designee may grant an exception for private residential beach access structures regarding horizontal and vertical development for purposes of allowing a handicapped accessible structure to be built. These structures must meet the provisions of the NC Building Code.
(C) Exception for Hotels and Housing Development Located in Commercial District IV Zoning District. The provisions regulating construction east of the Shore Line Development Boundary and found in Article 155.11, Part III, shall not apply to any hotel or housing development (as defined in Exhibit A) located adjacent to the Atlantic Ocean and in a Commercial District IV zoning district, provided, that such hotel or housing development shall comply with any and all provisions of any special use permit issued for such property and all other applicable local, state and federal rules, regulations, ordinances, statutes and laws.
(D) Shared Beach Access Structures. The town encourages adjoining property owners to construct centrally located shared beach access structures where appropriate in order to reduce the overall number of structures on the beach. In cases where shared structures are proposed, the property owners must submit a site plan and restrictive covenants that indicate the location of the proposed structure and the proper restrictions against construction of additional individual structures.
(E) Reconstruction of Beach Access Structures as the Dune System Develops. The Code Enforcement Official will annually identify existing access structures and beach walkovers and identify those as non-compliant with the provisions of this section. Walkovers and accesses that are being covered by sand due to a growing dune system will be encouraged to reconstruct those sections of the structure to bring them into compliance with the provisions of applicable ordinances. The Code Enforcement Official will notify the property owner by certified mail, including photos of the structure and a recommended stabilization plan.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)