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On February 4, the Southern Shores Town Council convened a public hearing to discuss ZTA-25-01, a proposed Zoning Text Amendment (ZTA) aimed at revising exemptions and requirements for nonconforming lots in all zoning districts. The amendment seeks to clarify and refine the development and sale of nonconforming lots, with and without recombination, and update requirements for recombining nonconforming lots of record.

Attorney Johny Hallow outlined the history of the ordinance in question. A property owner on Dolphin Run Road purchased three adjacent lots, two of which are nonconforming. An existing structure is situated on one of the lots. Represented by attorney Casey Varnell, the owner sought an interpretation from the planning director regarding the feasibility of constructing a single structure on two of the lots without recombining them with the third lot. It was determined that, under the current ordinance language, this would not be permissible, as the ordinance only references single lots.

An appeal was subsequently filed, and it was anticipated that litigation might yield a favorable outcome. However, prior to the hearing, a second request was submitted by Varnell, inquiring whether the property owner could construct a single structure first on one lot and then a separate structure on another lot, while remaining in compliance with the current ordinance. The response indicated that the property owner could, in fact, construct two separate structures, thereby highlighting a discrepancy between the ordinance’s language and its intended purpose of reducing density and nonconformities. Recognizing this issue, town officials collaborated with Varnell to draft a ZTA aimed at addressing the ordinance’s shortcomings. “It took a lot of time to find the narrowest possible exception that we could make without running into any other unintended consequences,” Hallow explained.

Hallow presented an overview of the proposed amendment, highlighting the key changes and motivations behind the proposal. According to the attorney, the current zoning regulations contain ambiguities and inconsistencies regarding nonconforming lots, which can lead to confusion and difficulties in the development process. It was clarified that the amendment would grandfather existing nonconforming lots, allowing them to continue to be developed and sold under the current regulations.

There was some reservation when it came to whether the proposed amendment could lead to increased density and development in certain areas, potentially altering the character of the town. Some thought the amendment could have “unintended consequences” that might “harm our community.” It was noted that the proposed amendment includes provisions to ensure that development is consistent with the town’s comprehensive plan and zoning regulations.

Both town staff and the planning board were in favor of approving the proposed ZTA. Mayor Elizabeth Morey motioned to approve the ZTA with direction to staff to give time and effort to improving and modernizing this section of the code as it pertains to sale of conforming lots. All were in favor and a motion passed 5-0.

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