§ 19-357. Continuance of nonconforming situation
The lawful use of a structure, land, or use of structure and land existing at the time of the passage of this ordinance from which this section was derived may be continued although such does not conform with the provisions of this chapter provided they conform to the following provisions:
(1) Minimum single lot requirements. Where the owner of a lot, or his successor in title thereto does not own sufficient land to enable him to conform to the area requirements of this chapter, the lot may be used as a building site, provided that the minimum back, front, and side yard requirements for the district in which the lot is located are met.
(2) Extension in setback space. A structure that is nonconforming as to setback requirements but conforms to the permissible use within the district in which it is located shall not be enlarged or extended in any direction (horizontally or vertically) into the required open space of the setback area, except for energy conservation enclosures in subsection (9) below, and changes in roof design in subsection (10) below, and ramps, lifting devices and hand rails or a combination of these for the handicapped in subsection (11) below.
(3) Change of use. A nonconforming use shall be changed to only those uses that are permitted in this chapter for the district in which such nonconforming use is located.
(4) Extension in use. There shall be no extension in a nonconforming use that would increase the building's occupancy, square footage, production, servicing or utility demands except that any structure used for single-family residential purposes and maintained as a nonconforming use or structure may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard size which at a minimum should comply with the RA-1A residential requirements.
(5) Repairs and alterations. Normal maintenance, repairs, and improvements of nonconforming buildings shall be permitted provided that it does not violate sections (2)—(4) above.
(6) Damage or destruction. Any nonconforming structure or any building containing a nonconforming use which has been damaged, destroyed, demolished, or removed either by accident or by natural causes may be reconstructed and used as before if a building permit is applied for within one (1) year from the date of destruction, provided, it does not violate subsections (2)—(4) above.
(7) Cessation. If active operation of a nonconforming use is discontinued for a period of twelve (12) consecutive months, such nonconforming use shall thereafter be used only for a conforming use. A cessation will also occur when a structure is willfully removed. Once a nonconforming situation has been changed to a conforming situation, it shall not revert back to a nonconforming situation.
(8) Transfer of nonconforming property. Nonconforming situations cannot be transferred with a lot if it is vacant at the time of transfer, except as noted in subsection (1) above.
(9) Energy conservation. A covered entrance way already in existence within the setback area, which has a permanent foundation and floor and is covered by an existing roof, may be enclosed for energy conservation purposes The. inside dimensions of the enclosure shall be less than seventy (70) square feet in area.
(10) Change of roof design. A flat roof may be changed to a pitched roof provided that such roof shall not exceed a four (4) to twelve (12) ratio. The pitched roof shall not extend horizontally any further than existing nonconforming the situation, nor shall it exceed the current building height limitation. Gutters and downspouts shall be provided to control runoff when adjoining property would be affected as a result of this modification. Where gutters are required, they shall not encroach on the adjoining property.
(11) Facilities for handicapped persons. A ramp, lifting device and hand rails or a combination of these may be constructed in the setback area, provided that no other suitable conforming alternative exists, for the use of persons who are unable to enter or leave their place of dwelling without the assistance of other persons or a self-propelled method of travel. The facilities listed in this section may not encroach upon the adjoining property. Application for the facility will be made to the building inspector who will investigate and make recommendation to the planning and zoning commission. After their review, planning and zoning will make recommendations to Kure Beach Town Council. After council's review of the case, and upon approval, they will instruct the building inspector to issue a permit and monitor the construction.
(Ord. of 8-19-03; Ord. of 3-18-08(8))