Banner Elk City Zoning Code
NON-CONFORMING USES
§ 152.335 NON-CONFORMING USES.
Within the districts established by this chapter, or amendment thereto, there exist lots, structures or uses of land and structures which were lawful before this chapter was adopted or amended, but which are prohibited in the future under the terms of this chapter or amendment. It is the intent of this subchapter to permit the continuance of certain of these non-conforming uses until they are removed by economic forces or otherwise, and to require discontinuance within a reasonable time of certain other non-conforming uses. It is the intent of this chapter to discourage the survival of non-conforming uses and to prohibit their enlargement, expansion or extension.
(A) Continuance. Non-conforming uses existing at the time of the enactment of this chapter, or any amendment thereto, may be continued on the same land area; provided, however, that, the land area occupied by a non-conforming use may not be increased. Non-conforming uses shall not be:
(1) Changed to another non-conforming use;
(2) Enlarged or extended, except in conformity with this chapter; and
(3) Reestablished after discontinuance for 120 days; except in those cases where a non- conforming building or structure is damaged by fire, explosion, flood, riot or act of God and, in such case, the building or structure may be reconstructed and used as before any such calamity, but not enlarged or extended; provided, such reconstruction takes place within one year of the calamity.
(B) Cessation of use. All non-conforming uses of land or non-conforming uses involving minor structures such as golf driving ranges, auto sales yards, home occupations involving retail sales and/or display of goods, junk yards or any uses similar to those enumerated, shall be discontinued within two years from the date of adoption of the ordinance within the corporate limits and within two years in the extraterritorial area upon adoption of extraterritorial jurisdiction. All non-conforming uses involving mobile homes used for non-residential purposes inside the corporate limits shall be discontinued no later than 18 months after adoption of such extraterritorial jurisdiction by the town.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1300)
§ 152.336 NON-CONFORMING LOTS OF RECORD.
Where the owner of a lot of official record in any district at the time of the adoption of this chapter, or his or her successor in title thereto, does not own sufficient contiguous land to enable him or her to conform to the minimum lot size requirements of this chapter, such lot may be used as a building site; provided that:
(A) Where the lot area and/or any other dimensional requirement is not more than 20% below the minimum specified in this chapter and other dimensional requirements are otherwise complied with, the Zoning Administrator is authorized to issue a zoning permit; and
(B) Where the lot area and/or any other dimensional requirement is more that 20% below the minimum specified in this chapter or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve as a variance such dimensions as shall conform as closely as possible to the required dimensions.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1301)