This ordinance places restrictions on the use and development of land by establishing minimum standards. In many instances, land and improvements were developed or proposals for the use of land were initiated prior to the adoption of this ordinance. These uses may not meet the minimum standards contained in this ordinance because they were developed under no specific standards or under standards which were less restrictive. The board of county commissioners recognizes that the strict application of these standards to such uses may create certain hardships for the property owner. The board also recognizes that these uses may be allowed to continue in use in accordance with the spirit of this ordinance, even though not meeting the ordinance standards. Therefore, the uses or situations described below are accorded a nonconforming status with all the specific privileges and limitations set forth to govern their existence.

A nonconforming vacant lot is a lot which does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments which may be incorporated in this ordinance. A nonconforming vacant lot may be used for any of the uses permitted by this ordinance in the district in which it is located if the use of the lot meets the following standards:

1502.1. The minimum requirements for front, side and rear yards, height of structures, and unobstructed open space for the particular district must be met.

1502.2. Duplexes and multifamily dwellings must meet the minimum lot standards for those uses in the particular district in addition to the dimensional requirements listed in section 1502.1.

1502.3. The lot in question does not abut a lot which could be combined with it to make it conforming.

A nonconforming occupied lot is a lot which contained a structure at the time this ordinance was adopted, but which does not meet the minimum requirements for width, area, front, side or rear yard, height and unobstructed open space for the district in which it is located. Any structures on this type of lot may be improved or expanded in accordance with the following standards:

1503.1. Any improvement or expansion of any building on this type of lot must comply with the minimum requirements of the ordinance for front, side and rear yard, height and unobstructed open space for the district in which the lot is located, provided any improvement or expansion does not increase the nonconformity.

A nonconforming open use of land is an open use on a lot when the only buildings are incidental and accessory to the principal open use which was in existence prior to the adoption of this ordinance and which would not be permitted by this ordinance in the district in which it is located. Uses such as storage yards, used car lots, auto wrecking, salvage yards, golf driving ranges, rifle ranges and miniature golf courses are examples of open uses. A legally established nonconforming open use of land may be continued but is subject to the following limitations:

1504.1. A nonconforming open use of land may only be changed to a conforming use; however, it may not later be used for any nonconforming use.

1504.2. A nonconforming use of land that is discontinued for more than six months may not be reestablished and all subsequent uses of the site must be in conformance with the particular district regulations. Any vacancy or nonuse of the land regardless of the intent of the owner or tenant will be considered a discontinuance for the purposes of this requirement.

1504.3. A nonconforming open use of land may not be enlarged to cover more land than it occupied when it became nonconforming.

A nonconforming use of a structure is a use in a structure which existed prior to the adoption of this ordinance which would not be permitted by this ordinance in the district in which it is located. This type of use may be continued subject to the following limitations:

1505.1. A nonconforming use of a structure may be changed to another nonconforming use or to a conforming use. The change of a nonconforming use to another nonconforming use must not generate any more automobile or truck traffic, noise, vibration, smoke, dust or fumes than the original nonconforming use.

1505.2. Once a nonconforming use of a structure has been changed to a conforming use, it will not be allowed to return to any nonconforming use.

1505.3. Maintenance and repairs which are necessary to keep a structure which houses a nonconforming use in a safe and sound condition are permitted.

1505.4. A nonconforming use of a structure may be enlarged or extended only into portions of the structure which existed at the time that the use became nonconforming and which were designed or arranged to accommodate the use. No structural alterations are allowed to any structure containing a nonconforming use except for those required by law or an order from the building inspector to ensure the safety of the structure. Existing nonconforming residential uses in a business or industrial district may be enlarged or extended as long as no additional dwelling units result from the enlargement or extension and all improvements are completed in accordance with the North Carolina Building Codes.

(Res. of 6-21-21)

1505.5. A nonconforming use of a structure that is abandoned for more than six months may not be reestablished and all subsequent uses of the structure must be in conformance with the particular district regulations.

When a structure on a nonconforming lot or a structure containing a nonconforming use is damaged by fire, flood, wind, act of God, or condemnation proceedings the structure may be repaired and restored to its original dimensions and conditions provided that not more than 50 percent of its structural value has been damaged.

Any nonconformance created by a change in a zoning classification or district boundary or by a change in the regulations in the ordinance will be regulated by the provisions of this section.