§ 48-128. Nonconforming cottage courts.

(a)

Cottage courts which do not conform to the definition of "cottage court" contained in town Code section 48-7 and also to the provisions of town Code section 48-378 may continue, subject to the following provisions:

(1)

Existing individual dwelling units in a nonconforming cottage court may be replaced provided that replacement structures conform to the provisions of town Code section 48-378 or do not increase the degree of structure or site nonconformity.

(2)

All replacement cottage court units, substantially improved and substantially damaged cottage court units shall conform with the provisions of chapter 22, article II, Flood Damage Prevention.

(3)

For the purpose of this section, structures will be considered individually when determining thresholds for repair, maintenance and destruction.

(4)

No existing individual dwelling unit in a nonconforming cottage court shall be enlarged, extended, moved or structurally altered; except as provided below:

a.

For lots abutting the Atlantic Ocean or Roanoke Sound individual dwelling units in a cottage court may be moved in cases where such structures are determined to be in imminent danger of collapse, as defined by CAMA, as a result of erosion by wind or water, provided that such movement does not increase the degree of nonconformity of the structures in any way. When utilizing this provision, a minimum ten-foot separation shall be maintained between individual structures. All structures, when moved shall adhere to the minimum setback requirements prescribed in town Code section 48-378.

b.

Minor modifications to a nonconforming cottage court dwelling unit or cottage court site, may be approved administratively by the planning director or his designee. Minor modifications include the addition of detached storage sheds, not to exceed 150 square feet in area, on-grade patios, decks, porches, driveway or parking modifications, or other additions not involving an increase or expansion of the habitable area of existing cottage court dwelling units.

c.

Major modifications to a nonconforming cottage court dwelling unit or cottage court site, may be approved by the Nags Head Board of Commissioners through the conditional use process as set forth in town Code section 48-525. Major modifications include any proposal which will result in a net increase in habitable area of nonconforming cottage court units.

d.

All improvements must meet the dimensional requirements of the district in which they are located. When a lot coverage nonconformity exists on a cottage court site, improvements may be allowed as long as there is no net increase in overall lot coverage. All other nonconformities shall be regulated in accordance with town Code section 48-124.

(5)

On any individual dwelling unit in a nonconforming cottage court work may be done on ordinary repairs, or on repair or replacement of nonloadbearing walls, fixtures, wiring or plumbing.

(6)

If an individual dwelling unit in a nonconforming cottage court becomes dangerous to life, destroyed or unlawful due to lack of repairs or maintenance, the building inspector shall condemn the structure in accordance with G.S. 160A-426, and the structure may thereafter be restored, repaired, rebuilt or replaced in conformity with the regulations of this chapter and any other applicable federal or state regulations.

(7)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any individual dwelling unit in a nonconforming cottage court or part thereof declared to be dangerous to life by any official charged with protecting the public safety, or upon order of such official when he has determined that there is a clear and immediate danger to the public safety.

(Code 1990, § 22-208; Ord. No. 06-10-040, § I, 10-18-2006; Ord. No. 07-03-006, § I, 3-7-2007; Ord. No. 15-08-028 , Pt. I, 8-5-2015; Ord. No. 16-11-028 , Pt. II, 11-2-2016)

Editor's note

Formerly entitled "Cottage courts", which was renamed as set out above by Ord. No. 16-11-028 . See § 48-378 for cottage court provisions.