A.

Purpose and Scope. There are existing uses of land, structures, lots of record, signs, and site features (e.g., off-street parking, bicycle parking, landscaping, lighting, etc.) 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, lots, signs and site features 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 to the extent that is reasonably practicable.

B.

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 October 23, 2017 shall only be completed in accordance with this article and Section 18.1.9, 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.

C.

Change of Tenancy or Ownership. No change of title or possession or right to possession of property involved with a nonconformity shall be construed to prevent the continuance of such nonconformity.

A.

Declared Incompatible. All nonconforming uses are hereby declared generally incompatible with the permitted uses in the district in which they are located and with the provisions of this Ordinance.

B.

Standards Applied to All Nonconforming Uses. The standards in this section shall apply to all nonconforming uses in the Town except for manufactured homes and small multi-family dwellings.

1.

Continuation.

a.

A nonconforming use may be continued and maintained in accordance with the standards of this section.

b.

If a nonconforming use is replaced by a conforming use, the nonconforming use may not be re-established.

2.

Conversion.

a.

No nonconforming use shall be changed to another nonconforming use unless the use is determined by the UDO Administrator to be of equal or less intensity or density. In determining whether a nonconforming use is of equal or less intensity or density, the UDO Administrator shall consider:

i.

Anticipated traffic of each use;

ii.

Parking requirements of each use;

iii.

Anticipated number of persons on the premises of each use at a time of peak demand;

iv.

The number of dwelling units; and

v.

Off-site impacts of each use, such as noise, glare, dust, vibration, or smoke.

b.

A nonconforming use must continue to occupy the same lot or plot of land.

3.

Extension Within a Building.

a.

A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this Ordinance, was manifestly designed or arranged to accommodate such use.

b.

A nonconforming use may not be extended to additional buildings, new buildings, or to land outside the original building.

4.

Expansion or Enlargement.

a.

A nonconforming use of open land may not be extended to cover more land than was occupied by the use when it became nonconforming.

b.

A use that involves the removal of natural materials from the lot (e.g., quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming, if ten (10) percent or more of the earth products had already been removed upon October 23, 2017.

c.

The volume, intensity, or frequency of use may be increased, and the equipment or processes used at a location may be changed if these changes amount only to changes in the degree of activity rather than changes in kind.

d.

Nothing in this section shall limit the elevation of an existing or damaged residential structure to a height above the base flood elevation.

5.

Cessation.

a.

General.

i.

If a nonconforming use of land ceases operation for a continuous period of more than one hundred eighty (180) days, any subsequent use of the land shall only be a use permitted in the district in accordance with Table 18.4.1.G, Principal Use Table.

ii.

The landowner shall demonstrate that the nonconforming use has not ceased for a continuous period of more than one hundred eighty (180) days, to maintain its nonconforming status.

iii.

A determination by the Town that a nonconforming use has ceased may be based on, but not limited to, any of the following:

a)

Removal of inventory, equipment, or machinery;

b)

Termination in or a substantial reduction in utility services;

c)

Absence or reduction in activity at the site compared with the former level of use;

d)

Failure to maintain minimal hours of operation;

e)

Voluntary demolition;

f)

Unoccupied buildings in which the use was formerly conducted;

g)

Removal of on-site signage or copy from that signage;

h)

Failure to apply or re-apply for the necessary permits; or

i)

Failure to appeal from the denial of necessary permits.

b.

Damage, Destruction, or Demolition. If a lawfully-established nonconforming use of land ceases because of damage, destruction, or demolition of the structure in which the use is located, the structure may be reconstructed or repaired and the use re-established within one hundred eighty (180) days, but may not exceed the square footage existing prior to its damage or destruction.

6.

Replacement. Replacement of a lawfully established nonconforming use shall be in accordance with the standards in Section 18.8.2.B.1, Continuation.

C.

Standards Applied to Manufactured Homes.

1.

Expansion or Enlargement. A replacement manufactured home may be larger than the existing manufactured home being replaced, provided:

a.

It is located on the same lot or space as the previous dwelling unit;

b.

It meets all applicable setbacks for the district where it is located; and

c.

The number of dwelling units is not increased.

D.

Standards Applied to Small Multi-family Dwellings.

1.

Reconstruction.

a.

Any small multi-family dwelling unit and appurtenances subdivided prior to October 24, 2002, may be reconstructed regardless of the amount of damage incurred, provided the reconstruction is limited to the original dimensions of the damaged or destroyed unit.

b.

Dimensional standards shall be those for the base zoning district where located except that there shall be no side setback along the party wall dividing the actual structure and the line formed by the extension of the party wall to the rear lot line.

c.

The area of the original lot(s) on which the small multi-family project was constructed prior to the subdivision thereof shall be used for purposes of determining maximum impervious surface coverage.

2.

Repair and Reconstruction. In the event a small multi-family dwelling unit is damaged or destroyed, the owner shall be obligated to promptly repair or reconstruct it unless the owners of all other units in the development project give written consent to the contrary.

3.

No Demolition. No small multi-family dwelling unit may be demolished without a permit from the UDO Administrator and written consent from the owners of all other dwelling units in the small multi-family project.

A.

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

B.

Continuation and Replacement.

1.

Continuation. A nonconforming structure may be continued in accordance with Section 18.8.1.B, Continuation; Minor Repairs and Maintenance Allowed.

2.

Replacement.

a.

Residential Development. Nonconforming residential development subject to casualty damage (by fire, flood, or act of God) 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 or result in a larger structure than existed prior to damage. Nothing shall limit the elevation of a residential structure to a height above the base flood elevation.

b.

Nonresidential Development.

i.

After Damage in Excess of Fifty (50) Percent of Building Value. In the event of damage by fire or other causes to an extent exceeding fifty (50) percent of its building value prior to such damage, as established by the applicable County tax listing, reconstruction of a nonconforming structure shall be permitted only in compliance with the applicable dimensional requirements of this Ordinance.

ii.

After Damage Less Than Fifty (50) Percent of Building Value. In the event of damage by fire or other causes to an extent not exceeding fifty (50) percent of its building value prior to such damage, as established by the applicable County tax listing, reconstruction of a nonconforming structure shall be permitted, provided it is constructed:

a)

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

b)

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

c)

In compliance with the current dimensional 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 upon relocation it conforms to the requirements of this Ordinance.

C.

Expansion and Enlargement.

1.

Alteration. No nonconforming structure may be enlarged or 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 to a height above the base flood elevation.

2.

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

A.

Applicability. Nonconforming lots of record shall comply with the standards in this section.

B.

Continuation.

1.

Lots with Contiguous Frontage in One (1) Ownership. When two (2) or more adjoining lots with contiguous frontage are under common ownership and the lots are nonconforming in terms of width or area, such lots shall be combined for development purposes to create one (1) or more lots, each of which conforms to the applicable dimensional requirements of the district.

2.

Single Lot of Record in a Residential District. When a lot in a residential zoning district has an area or width which does not conform to the dimensional requirements of the district where it is located, but was of record on October 23, 2017, then a single-family detached dwelling may be built on the lot, subject to compliance with setback standards, to the maximum extent practicable.

3.

Single Lot of Record in a Nonresidential District. When a lot in a nonresidential district has an area or width which does not conform to the dimensional requirements of the district where it is located, but was of record on October 23, 2017, then development on the lot may be permitted, subject to compliance with all required dimensional and development standards, to the maximum extent practicable, and all other applicable development and design standards.

C.

Expansion or Enlargement. The boundaries, shape, or size of a nonconforming lot may be modified through a lot line adjustment, boundary adjustment, recombination, or consolidation, provided it reduces the extent of the nonconformity.

D.

Governmental Acquisition of Land. Conforming lots subject to governmental acquisition of a portion of the lot for a public purpose that results in the lot becoming nonconforming because it no longer complies with lot area, width, or depth standards of the district shall be deemed conforming upon receipt of a zoning permit (see Section 18.2.4.Z, Zoning Permit, and compliance with the following:

1.

Complies with Use Table. The development proposed complies with Table 18.4.1.G, Principal Use Table;

2.

Complies with Dimensional Standards. The development proposed complies with the dimensional standards of this Ordinance, prior to the acquisition;

3.

Complies with Off-Street Parking Standards. The development proposed is designed to comply with the off-street parking and landscaping standards of this Ordinance; and

4.

Complies with Other Applicable Standards. The development proposed complies with all other standards and requirements of this Ordinance.

A.

General. A sign that was legally in existence on October 23, 2017 and was constructed in accordance with the applicable laws and ordinances in effect on the date of construction, but by reason of its size, height, location, design, or construction is no longer in compliance with the requirements of the Ordinance, shall be deemed a nonconforming sign subject to the standards in this section.

B.

Prohibited Actions. The following actions associated with a nonconforming sign shall be prohibited:

1.

Enlargement or Alteration. Structural alteration, enlargement, or extension of a nonconforming sign or sign structure;

2.

Type of Lighting. Changes to the type of sign lighting; and

3.

Relocation. Relocation of a nonconforming sign upon the premises.

C.

Maintenance of Nonconforming Signage Allowed. A nonconforming sign may remain in place and be maintained as long as the use it advertises remains in operation, subject to the following standards:

1.

Maintenance Actions. Normal maintenance of a nonconforming sign shall be allowed, and shall include the following:

a.

Nonstructural repairs, such as repainting or electrical repairs;

b.

Incidental alterations which do not increase the degree or extent of the nonconformity; and

c.

Changing of copy, as provided in this section.

2.

Change of Sign Copy. Nonconforming signs may change copy in the form of replacement panels or replacement lettering.

D.

Replacement of Nonconforming Signage.

1.

Removal. Any nonconforming sign that is removed for any reason shall only be replaced with a sign that complies with the provisions of this Ordinance.

2.

Damage.

a.

If damage to a nonconforming sign from any cause is less than fifty (50) percent of either the original or replacement value, whichever is less, the sign may be rebuilt or repaired to its original condition in its original location and may continue to be displayed.

b.

If damage from any cause to a nonconforming sign equals or exceeds fifty (50) percent of either the original or replacement value, the nonconforming sign may only be replaced with a sign that complies with the provisions of this Ordinance.

3.

Renovation. Nonconforming signage shall be removed or replaced with conforming signage if any of the following occur:

a.

If additions or expansions of buildings exceed one thousand (1,000) square feet of gross floor area (GFA) or the total of additions or expansions of buildings, parking areas, or open uses of land occur that individually or collectively exceed three thousand (3,000) square feet; or

b.

If structural or nonstructural alterations, excluding routine maintenance and repair of the facade of the principal building, exceeds 50 percent of the facade's area, to be calculated from the area of the facade or wall used in calculating the maximum allowable sign area.

E.

Discontinuance of Business Activity.

1.

Discontinued for Less than One Hundred Eighty (180) Days. If the business activity on the premises where a nonconforming sign is located is discontinued for a continuous period of less than 180 days, then the nonconforming sign shall be allowed to remain.

2.

Discontinued for One Hundred Eighty (180) Days or More. If the business activity on the premises where a nonconforming sign is located is discontinued for a continuous period of one hundred eighty (180) days or more, then the nonconforming sign must be removed or replaced by a sign conforming to the standards of this Ordinance within sixty (60) days of notice by the UDO Administrator.

F.

Additional Sign Permit Application. Nonconforming signage shall be removed or replaced with conforming signage if an application for a sign permit to add new or additional signage to the premises is approved.

Lighting fixtures existing on August 24, 2009, may remain, and shall be considered nonconforming structures. Modifications, replacement or expansions, shall conform to the standards of Section 18.8.3, Nonconforming Structures.

A.

Applicability.

1.

For purposes of this section, the term "nonconforming site features" includes the following:

a.

Nonconforming off-street parking;

b.

Nonconforming bicycle parking;

c.

Nonconforming landscaping;

d.

Nonconforming perimeter buffers;

e.

Nonconforming screening walls or fences; and

f.

Nonconforming lighting.

2.

If an application is filed for a building permit (including mechanical, electrical, HVAC, or other typical permit) for the remodeling or expansion of a structure and the development site contains one (1) or more nonconforming site features identified in Subsection 1. above, and the value of the proposed improvements totals at least twenty-five (25) percent of the assessed value of the existing structure, the applicant shall be required to address the nonconforming site feature as provided in this section.

3.

Town staff may develop administrative guidelines to assist in the implementation of this section, including guidelines for the resolution of conflicts when it may not be possible for one (1) or more types of nonconforming site features to be brought into compliance with the requirements of this Ordinance because of particular site constraints or impacts on adjacent sites.

B.

Determination of Cost and Assessed Value.

1.

For purposes of determining if upgrading of nonconforming site features is required by this subsection, the cost of the remodeling shall be as shown on the approved building permit application.

2.

Assessed value shall be based on the most recently available Carteret County tax records.

C.

Remodeling of Buildings or Structures. If a building permit is required for interior or exterior remodeling of the building or structure, the remodeling or redevelopment shall require correction of existing on-site nonconforming off-street parking, bicycle parking, landscaping, perimeter buffer, screening, and signage in accordance with this section.

1.

25 Percent or Less of Structure Value. Remodeling in any continuous one-year period that costs twenty-five (25) percent or less of the current assessed value of the structure shall not require any correction to nonconforming site aspects.

2.

More Than Twenty-Five (25) Percent but Less Than Seventy-Five (75) Percent of Structure Value. Remodeling in any continuous one-year period that costs more than twenty-five (25) percent but less than seventy-five (75) percent of the current assessed value of the structure shall require that a corresponding percentage of the off-street parking, bicycle parking, landscaping, perimeter buffer, screening, and signage standards of this Ordinance be installed or upgraded on the site, until the site achieves one hundred (100) percent compliance.

Example: A hypothetical building is required to provide at least forty (40) off-street parking spaces, but the building site only includes twenty (20) spaces. If the building is remodeled such that the cost of remodeling equals thirty (30) percent of the building's assessed value, the remodeling project must add twelve (12) parking spaces (30% × 40 required spaces). This increases the development's degree of compliance with off-street parking standards from fifty (50) percent (twenty (20) of forty (40) required spaces) to eighty (80) percent (thirty-two (32) of forty (40) required spaces).

3.

Seventy-five (75) Percent or More of Structure Value. Remodeling projects that cost seventy-five (75) percent or more of the current assessed value of the structure shall require one hundred (100) percent compliance with the off-street parking, landscaping, perimeter buffer, screening, and signage standards of this Ordinance.

4.

Five (5) or Fewer Additional Parking Spaces. When five (5) or fewer additional off-street parking spaces are required under this subsection as a result of a remodeling project, such additional off-street parking is not required to be installed, but the applicant shall install a comparable number of bicycle parking spaces.

D.

Additions and Expansions. Additions and expansions to structures on nonconforming sites shall require correction of existing on-site nonconforming off-street parking, landscaping, perimeter buffer, screening, and signage standards in accordance with this section.

1.

Off-Street Parking, Landscaping, Perimeter Buffers, Signage, and Screening.

a.

Expansion of Fifty (50) Percent or Less of Gross Square Footage Over One (1) Year. Expansions in any continuous one-year period, which result in a fifty (50) percent or less increase in the gross square footage of the existing structure (measured at the beginning of the one-year period), require that a corresponding percentage of the off-street parking, bicycle parking, landscaping, perimeter buffer, screening, and signage standards of this Ordinance be installed or upgraded on the site, until the site achieves one hundred (100) percent compliance.

Example: If the addition is twenty-five (25) percent of the area of the existing structure and the site contains only fifty (50) percent of the required landscaping, twenty-five (25) percent of the required landscaping for the entire site must be provided, thereby bringing the landscaping on the site to seventy-five (75) percent of the total required. Existing landscaping on the site shall be retained or replaced but shall not count toward the required percentage of new landscaping.

b.

Expansion of Greater Than Fifty (50) Percent of Gross Square Footage Over One (1) Year. Expansions over any continuous one-year period, which result in a greater than fifty (50) percent increase of the gross square footage of the existing structure (measured at the beginning of the one-year period), require the entire property to meet all of the off-street parking, bicycle parking, landscaping, perimeter buffer, screening, and signage standards of this Ordinance.

2.

Addition of Outdoor Storage Area Only. When only outdoor operations/storage/display areas are being added or increased on a site, the percentage increase in outdoor operations area shall require a corresponding percentage increase in perimeter buffers and screening. Perimeter buffer and screening augmentation shall be located so as to achieve the performance objectives in Section 18.5.4, Landscaping, with priority given to screening the impacts of outdoor operations.

E.

Physically Constrained Properties - Comply to Maximum Extent Practicable. Lands that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions shall comply, to the maximum extent practicable, as determined by the UDO Administrator.