(a)

Purpose and intent. There are existing structures, uses of land, and lots of record that were lawfully established before the effective date of this Ordinance or a subsequent amendment thereto, that now do not conform to standards and requirements of this Ordinance. Such uses, structures, and lots are collectively referred to as "nonconformities." The purpose and intent of this Article is to allow nonconformities to continue to exist, but to regulate and limit their continued existence and expansion so as to bring them into conformity with the provisions, to the extent that is reasonably practicable.

(b)

Determination of nonconformity status. In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the landowner of the land on which the alleged nonconformity is located.

(c)

Continuation, minor repairs, and maintenance allowed.

(1)

Continuation. Nonconformities are allowed to continue in accordance with the requirements of this Article.

(2)

Completion. Nonconforming projects incomplete as of June 7, 2021 shall only be completed in accordance with this Article and § 30-1204, Transitional provisions.

(3)

Maintenance allowed. Nonconformities are allowed and encouraged to receive minor repairs and routine maintenance that are necessary to maintain the nonconformity and its surroundings in a safe condition and to protect against health hazards.

(4)

Strengthening allowed. Nothing in this Ordinance shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building or structure declared unsafe or unlawful by a duly authorized Town official.

(d)

Change of tenancy or ownership. No change in tenancy or ownership shall limit the continuance of a lawfully established non-conformity.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Any lot of record existing before the adopted date of the ordinance from which this Article is derived, which has an area or width which is less than required by this Article, shall be subject to the following exceptions and modifications:

(a)

Adjoining lots. When two or more adjoining lots with continuous frontage are in one ownership at any time after the adoption of the ordinance, and such lots individually are less than the minimum square footage and/or have less than the minimum width required in the district in which they are located, then such group of lots shall be considered as a single lot or several lots of minimum permitted width and area for the district in which located. This does not apply to lots of record or to any lot in a subdivision which has received final approval from the Town. However, such lots must be at least one acre in area, unless served by a public water system, and must meet all State and Johnston County Environmental Health Department requirements.

(b)

Lot not meeting minimum lot size requirements. Except as set forth in subsection (a) of this section, in any district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of these regulations which has an area or width which is less than required by these regulations may be used as a building site for a single-family dwelling.

(c)

Side yard requirements. Except as set forth in subsection (a) of this section, where a lot has a width less than the width required in the district in which it is located, then the Town Planner shall be authorized to reduce the side yard requirements for such lot; provided, however, no side yard shall be less than five feet wide.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Repairs and maintenance. A legal nonconforming sign may be maintained and repaired even though such repair will not bring the sign into compliance with this Article. Nonconforming signs which have been damaged, destroyed, demolished or removed either by accident or natural causes may be reconstructed and used as before only if the cost of such reconstruction does not exceed 50 percent of the cost of erecting a new sign of the same type that conforms to the requirements of this Article. The permit required for such reconstruction must be applied for within one year of the date of the damage. Evidence of the cost of such reconstruction and the cost of erection of a new conforming sign shall be submitted to Town Planner at the time of application for the required permit but such evidence shall not be conclusive of the Town Planner's decision in issuing or not issuing the required permit.

(b)

Change of sign face. The sign face or copy on a legal nonconforming sign may be changed provided the following criteria below are met:

(1)

The sign may not be reconstructed or relocated.

(2)

The use being advertised does not change.

(3)

There shall no increase in the size of the sign.

(c)

Permit required. The change of sign face or repairs on a legal nonconforming sign requires a zoning compliance permit and payment of the requisite fee.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Nonconforming principal and accessory structures shall be subject to the standards in this section.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Continuation. A nonconforming structure may be continued in accordance with § 30-8101(c), Continuation, minor repairs, and maintenance allowed.

(b)

Replacement.

(1)

Residential development.

a.

Nonconforming single-family detached dwellings and nonconforming manufactured or mobile homes may be reconstructed in accordance with the standards in § 30-8403, Alteration and expansion.

b.

Nonconforming residential structures, other than single-family detached dwellings and manufactured or mobile homes, subject to damage by fire, explosion, flood, or other calamity may be reconstructed in the same location and with the same footprint as existed prior to damage. In no instance shall replacement of a nonconforming residential structure increase the nonconformity.

c.

Nothing shall limit activities that increase habitable space of a nonconforming residential structure to a height above the regulatory flood elevation.

(2)

Nonresidential development.

a.

After damage in excess of 50 percent of assessed value. In the event of damage by fire, explosion, flood, calamity, or other causes to an extent exceeding 50 percent of its assessed value prior to such damage, of a nonconforming nonresidential structure shall be permitted only in compliance with the applicable requirements of this Ordinance.

b.

After damage less than 50 percent of assessed value. In the event of damage by fire, explosion, flood, calamity, or other causes to an extent less than 50 percent of its assessed value prior to such damage, reconstruction of a nonconforming nonresidential structure shall be allowed, provided it is constructed:

1.

In accordance with an approved site plan or building permit, as applicable;

2.

In the same location and up to the same dimensions as originally existed;

3.

In compliance with the current dimensional requirements; and

4.

In accordance with State Building Code requirements.

(3)

Relocation. A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless the relocation reduces or removes the nonconformity.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Alteration. No nonconforming structure may be altered in any way which increases the nonconformity; however, any nonconforming structure or portion thereof may be altered to decrease the degree of nonconformity. Nothing shall limit the elevation of a residential structure as necessary to ensure habitable floor area is outside the regulatory flood elevation.

(b)

Enlargement. Any enlargement of a nonconforming structure shall be configured so as to not increase the degree of nonconformity.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

A non-conforming structure may be re-occupied by a conforming use following discontinuance of a prior use.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Intent. Within the districts established by this Ordinance, there may exist lots, structures or land uses which were lawful before the ordinance from which this Article is derived, for that reason considered grandfathered, and was passed but which would be prohibited or restricted under the terms of this Article. It is the intent of this division to permit those nonconforming uses to continue until they are removed, but not to encourage their continuation. Such lots, structures, and uses of land shall be termed nonconforming, and shall be subject to the provisions set forth in this division.

(b)

Vacant lots. This category of nonconformance consists of vacant lots for which plats or descriptions have been recorded in the office of the register of deeds, which at the time of adoption or amendment of the ordinance, fail to comply with the dimensional requirements for the districts in which they are located. Any such nonconforming lot may be used for any of the minimum uses permitted by this division for the district in which it is located, provided that it meets the yard requirements of that district.

(c)

Structures. This category of nonconformance consists of structures existing at the time of adoption or amendment of the ordinance, whose size or location does not conform with the yard, height, lot area, lot coverage, or other dimensional provisions of this Article or any amendment thereto. Such structures may remain, and their conforming use may continue, provided that any enlargement to such structures must conform to all applicable requirements of this division. If such structures are damaged or destroyed by fire, explosion, or other calamity, they may be reconstructed, provided that when reconstructed they comply with all applicable requirements of this Article. If a nonconforming structure is moved from its location, it can only be replaced with a structure which conforms to the district regulations.

(d)

Uses of land. This category of nonconformance consists of lots used for storage and salvage yards, used car lots, auto wrecking, and similar open uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use is not permitted to be established hereafter under this Ordinance in the district in which it is located.

(1)

No such nonconforming use shall be enlarged or increased, nor extend to occupy a greater area of land than was occupied at the effective date of the ordinance from which this Article is derived.

(2)

No nonconforming use may be changed to another nonconforming use.

(3)

Where any nonconforming use of land, in part or whole, is made to conform to the regulations for the district in which it is located, the part or whole which has been made to conform may not thereafter be changed in such a manner as would be nonconforming.

(4)

Nonconforming uses shall not be reestablished after discontinuance for a period of 180 days, except in conformance with this Article.

(e)

Uses of buildings or structures. This category of nonconformance consists of buildings or structures used at the time of enactment of the ordinance from which this Article is derived or amendment thereto for purposes of use not permitted in the district in which they are located. Such uses may be continued as follows:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Article.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Article.

(3)

No nonconforming use may be changed to another nonconforming use, except that the Town Council may permit as a special use a change in the nonconforming use if the board finds that such new use would be more in character with the uses permitted in the district than the previous use, provided that once the Town Council has permitted such substitution, the new use shall not lose its status as a legal nonconforming use and become subject to any conditions required by the Town Council. Once such change has been made, use of the structure may not revert to the previous nonconforming use.

(4)

Where any nonconforming structure or use in part or whole is made to conform to the regulations for the district in which it is located, the part or whole which has been made to conform may not thereafter be changed in such a manner as would be nonconforming.

(5)

If a nonconforming use is discontinued for a period of 180 consecutive days, the future use of the building or land must be a conforming use.

(6)

Maintenance and repairs necessary to keep a structure housing a nonconforming use in sound condition shall be permitted.

(7)

Should a nonconforming structure be destroyed by any means to an extent of more than 50 percent of its replacement value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Article, or until a special use permit has been granted by the board of commissioners. The special use permit must be applied for within 180 days after the structure has been destroyed.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)