10.1.1. Scope

The regulations of this article govern lots, uses, buildings, signs and other aspects of development that came into existence lawfully but that do not conform to one or more requirements of this Ordinance. These are referred to as "nonconformities."

10.1.2. Purpose

The regulations of this article are intended to:

A.

Recognize the interests of property owners in continuing to use their property for lawful purposes;

B.

Promote reuse and rehabilitation of existing buildings; and

C.

Place reasonable limits on the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.

10.1.3. Authority to Continue

Any nonconformity that existed on May 1, 2007 or that becomes nonconforming upon the adoption of any amendment to this Ordinance may be continued in accordance with the provisions of this article.

10.1.4. Determination of Nonconformity Status

The burden of proving that a nonconformity exists (as opposed to an illegal situation) rests with the subject landowner.

10.1.5. Repairs and Maintenance

A.

Incidental repairs and normal maintenance of nonconformities are permitted unless such repairs are otherwise expressly prohibited by this Ordinance. For the purpose of this provision, repair or replacement of non-bearing walls, fixtures, wiring or plumbing will be considered incidental repairs if the total value of the repairs in any 12-month period does not exceed 25% of the current replacement value of the structure.

B.

Nothing in this article is to be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of the Building Inspector or other duly authorized public official. When improvements are made to restore the property to a safe condition, the cost of such repairs or alterations are included in the 25% noted in the preceding paragraph.

10.1.6. Change of Tenancy or Ownership

The status of a nonconformity is not affected by changes of tenancy, ownership, or management.

10.1.7. Nonconformity Resulting From Governmental Action

Nonconformities resulting from governmental action shall obtain nonconforming status to the extent that said action causes noncompliance with any provision of this Ordinance.

10.1.8. Cost Estimates

In making determinations regarding replacement value, the Zoning Administrator is authorized to use the County tax assessment roles, Dodge Reports, Marshall Swift, or similar cost-estimating manuals, as a basic reference.

10.2.1. Definition

A "nonconforming lot" is a tract of land lawfully established as a lot on a plat of subdivision recorded or registered, pursuant to statute, with the Register of Deeds of Brunswick County that does not comply with the minimum lot area or lot width standards of the zoning district in which it is now located.

10.2.2. Continuation

A.

Lots with Contiguous Frontage in One Ownership

When two or more adjoining lots with contiguous frontage are in one ownership and said lots individually have area or width which does not conform to the dimensional requirements of the district where located, such lots shall be combined as a single zone lot or several zone lots to reduce the degree of nonconformity with regards to lot area and width requirements of the district, provided compliance is achieved with regard to all other requirements of this Ordinance.

B.

Single Lot

1.

A single lot that is nonconforming as to area or width requirements may be built upon if compliance is achieved with regard to all other Ordinance requirements.

2.

In any residential zoning district, only a single-family dwelling may be permitted on a nonconforming lot.

10.3.1. Definition

A "nonconforming use" is a land use, other than a nonconforming sign (see Section 10.5), that was lawfully established in accordance with zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which it is now located.

10.3.2. Continuation

A.

General

A nonconforming use may continue, subject to the regulations of this section.

B.

Nonconforming Use Certificates

1.

It shall be unlawful to maintain or continue any nonconforming use until a Nonconforming Use Certificate has been issued. However, nonconforming uses existing as of the effective date of this Ordinance shall have a six month period from the time of notification by the Zoning Administrator of being a nonconformity to apply for such Certificate.

2.

If granted, a statement of the specific reason(s) or findings that support the decision shall be made. Additionally, the Nonconforming Use Certificate shall indicate the date on which the use will be discontinued or that the use may be continued indefinitely according to terms and limitations of this Ordinance. If denied, a statement of specific reason(s) or findings that support the denial shall be made.

3.

Upon application of a Nonconforming Use Certificate, adjoining property owners shall be notified via both certified mail and first class mail.

4.

In addition to the mailed notice, the Zoning Administrator shall post a sign at the subject property or at a location generally visible to the traveling public indicating that an application has been submitted for a Nonconforming Use Certificate.

C.

Appeal

An appeal by any person aggrieved by a final order, interpretation or decision of the Zoning Administrator may be filed with the Board of Adjustment per Section 9.11.5.

10.3.3. Change of Use

A.

A nonconforming use may be changed to any permitted use in the subject district.

B.

The Board of Adjustment is authorized to approve a special use permit to allow a change from one nonconforming use to another nonconforming use that is in the same use category (see Section 5.1, Use Interpretation) or to another functionally similar use, provided that the Board of Adjustment determines that the proposed use will have no greater adverse impacts on the surrounding area. To make a determination, the Board of Adjustment shall consider all of the following:

1.

Anticipated traffic of each use;

2.

Parking requirements of each use;

3.

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

4.

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

5.

Hours of operation.

( Ord. No. UDO-21-01 , § 44, 5-17-21)

10.3.4. Expansion or Modification

A.

The Zoning Administrator may approve an Administrative Adjustment allowing modification of a nonconforming use which does not increase the degree of nonconformity.

B.

Any nonconforming use may be extended within any parts of a building which were manifestly arranged or designed for such use, except for alterations that would have the effect of increasing residential density.

C.

A nonconforming use may not be relocated, in whole or in part, to another portion of the subject lot or parcel.

D.

Where a nonconforming use involves operation of heavy equipment or machinery, such equipment or machinery may be replaced; provided that the new equipment or machinery conforms to the performance standards for the subject district.

10.3.5. Loss of Nonconforming Use Status

A.

Discontinuance

1.

A nonconforming use that ceases for any reason for a continuous period of more than one year may not be reestablished. Any subsequent use of such land must be a use permitted in the district.

Commentary: If the nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for one year shall terminate the right to maintain the nonconforming use only thereafter.

2.

The resumption of a nonconforming use shall not be permitted if such nonconforming use is superseded by a permitted use for any period of time.

3.

If a nonconforming use fails to maintain a valid business license, the use will be considered to have been discontinued.

B.

Damage or Destruction

A nonconforming use located within a structure which has been damaged by fire or other natural causes may retain nonconforming status if the damage to the structure does not exceed 25% of its value and the use is reestablished within one year.

10.3.6. [Reserved]

10.4.1. Definition

A nonconforming structure is any aspect of a development—other than a nonconforming lot, nonconforming use or nonconforming sign—that was lawfully established, in accordance with zoning regulations in effect at the time of its establishment but that no longer complies with one or more standards of this Ordinance.

10.4.2. Continuation

Nonconforming structures may remain, subject to the standards of this section.

10.4.3. Enlargement or Modification

A.

A nonconforming structure may be modified or altered provided such alterations do not increase the degree of nonconformity.

B.

Any enlargement of a nonconforming structure shall conform to the dimensional requirements of the zoning district unless a variance is granted by the Board of Adjustment.

C.

A nonconforming structure may not be moved or relocated unless it is made to comply with the dimensional requirements of the district in which it is relocated.

D.

A structure which is nonconforming as to off-street parking may be remodeled or altered in a manner which does not increase its requirements for off-street parking unless such modifications satisfy the additional off-street parking requirements.

E.

Existing, nonconforming residential mechanical equipment may be replaced provided the replacement is consistent with Section 4.6.10.E.3.iv of the UDO. Existing, nonconforming commercial mechanical equipment may be replaced provided the replacement does not increase the existing nonconforming yard.

10.4.4. Damage or Destruction

A.

In the event of damage by fire or other causes to an extent exceeding 75% of its value, reconstruction of a nonconforming structure shall be permitted only in compliance with the dimensional provisions of this Ordinance.

B.

In the event of damage by fire or other causes to an extent of between 25% and 75% of its value, reconstruction of a nonconforming structure shall be permitted with the issuance of a variance by the Board of Adjustment.

C.

In the event of damage by fire or other causes to an extent of below 25% of its value, reconstruction of a nonconforming structure shall be permitted provided it is:

1.

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

2.

In compliance with the current dimensional requirements.

D.

Nonconforming transmission towers existing as of May 1, 2007 may be replaced if damaged by natural causes.

10.4.5. Affordable Housing Replacement

A.

Notwithstanding the foregoing provisions, nonconforming homes which have been continuously lived in by the same individual or immediate family for at least five years shall be permitted for replacement, repairing, or remodeling provided the home is:

1.

In the same general location and as the dimensions originally existed with minor deviation; or

2.

In compliance with the current dimensional requirements.

10.5.1. Definition

A nonconforming sign is a sign that was legally established subject to a lawfully issued permit in compliance 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 Article 8, "Signs", and has a valid Nonconforming Use Certificate. Nonconforming sign structures shall be included in this definition.

10.5.2. Permits Required

A Nonconforming Use Certificate (see Section 10.3.2.B) shall be required for all nonconforming signs. A separate certificate shall be required for each nonconforming sign or sign structure.

10.5.3. Continuation of Nonconforming Signs

Nonconforming signs may remain in use, subject to the regulations of this section and all other applicable requirements of the County Code. Nonconforming signs must be maintained in good repair, and must comply with all other requirements of this Ordinance.

A.

Modification or Relocation

1.

Nonconforming signs may not be increased in size or height. Changes to existing sign shall be limited to the copy.

2.

Nonconforming signs may not be moved on the site or relocated to another site, except in conformance with this Ordinance.

B.

Reconstruction of Damaged Signs or Sign Structures

Any nonconforming sign or sign structure which has been damaged may be repaired, subject to North Carolina Building Codes, and used as before, provided all repairs are initiated within 90 days and completed within 120 days of such damage. However, if the County Building Inspector declares the sign structure unsafe, the owner of the sign or the owner of the property where the sign is located shall immediately correct all unsafe conditions to the satisfaction of the Inspector.

(Ord. No. UDO-19-02 , § 11, 9-19-19)

10.5.4. Discontinuance

A.

Signs not meeting Ordinance requirements for which no Nonconforming Use Certificate has been issued shall lose their nonconforming status.

As an inducement to improve the level of economic activity in the County, all existing commercial structures that are either conforming or are legally non-conforming shall be considered in compliance with the buffering, landscaping, and parking requirements of this Ordinance so long as they exist in a zone that allows the proposed use and planned improvements to said structures increase the value of the structure by 50% or less.