Zoning regulations established by the adoption of this Ordinance or amendments to this Ordinance may cause properties and uses which were lawful prior to the adoption of certain regulation to not meet requirements after adoption of the regulations. The purpose of this section is to establish procedures and regulations for the use of those properties or structures which are in conflict with the requirements of this Ordinance. It is not the intent of this section to encourage the continuance of nonconformities that are out of character with the standards of the zoning district. This section allows certain nonconforming situations, only as described in this section, to continue as legal exceptions to this Ordinance.

A nonconformity shall be any use, lot, improvement, or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that, as a result of amendments to this Ordinance or a preexisting condition, does not meet the current standards of the Ordinance.

A. Nonconforming Use

A nonconforming use shall be any land use or type of residential use that was legally established but has become a prohibited use in the district in which it exists.

B. Nonconforming Lot

A nonconforming lot shall be any legally established parcel See “Lot of record.” that does not conform to the current area or dimensional requirements of the zoning district in which it is located.

C. Nonconforming Improvement or Structure

A nonconforming improvement or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be any legally established improvement, building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that fails to meet current Ordinance standards for setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure., height, or similar factors.

A. Legal nonconformities may continue subject to the limitations of this Article. Continuation, reconstruction, alteration, and/or expansion of such nonconformities shall be subject to the provisions of this Article.

B. Uses Requiring a Major or Minor Special Use Permit

Buildings or uses which lawfully existed at the time of the initial effective date of this Ordinance which would require the issuance of a special use permit may continue as a conforming use without the special use permit. However, any future expansion of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or use in excess of 15% of the gross floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. or site size (measured from the size of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or use at the time of ordinance adoption) requires application for a special use permit in conformance with procedures found in this Ordinance.

Nothing in this section shall prohibit the ordinary maintenance and repair of a nonconformity, including but not limited to repairs required by the Durham Housing Code, except that nonconforming structures that have suffered repetitive loss Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred. due to flooding shall not be permitted to be repaired. Maintenance and repair shall be subject to issuance of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits, as is required by the Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code.

A. Nonconformities Resulting from Adoption of This Ordinance or Other Governmental Action

Completion of buildings that become nonconforming as a result of passage of this Ordinance or another governmental action shall be allowed if an application for a building permit A permit issued by the Inspections Department in conformance with the State Building Code. sufficient to allow approval was submitted prior to passage of this Ordinance, and if the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. is subsequently completed in accordance with an approved building permit A permit issued by the Inspections Department in conformance with the State Building Code. within two years of initial issuance of the permit. In addition, completion of buildings for which building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits were not applied for may be allowed under the Transitional provisions of this Ordinance. Completion of improvements other than buildings that become nonconforming as a result of passage of this Ordinance shall be governed by the Transitional provisions of this Ordinance.

B. Subsequent Nonconformities

Completion of buildings that are created by amendments to this Ordinance or another governmental action shall be allowed if a building permit A permit issued by the Inspections Department in conformance with the State Building Code. was issued prior to the amendment, if the permit remains continuously valid, and if the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. is completed within two years of initial issuance of the permit. Completion of buildings or improvements for which permits were not issued, but that are subject to site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review. that were approved prior to the Ordinance amendment, shall be governed by the provisions regarding continuous validity of site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review. found elsewhere in this Ordinance.

Except as specified in paragraph 14.2.2, Changes to Nonconforming Uses (City Only), nonconforming uses shall be subject to the following restrictions, in addition to restrictions that may be imposed by other provisions of this ordinance or by conditions within a special use permit or other approved plan or permit:

A. Floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. shall not be enlarged, except for improvements that allow existing buildings to meet local health, sanitary, or safety code requirements or that are necessary to ensure safe living or occupancy conditions;

B. Residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall not be increased;

C. Lot coverage shall not be increased;

D. The nonconforming use shall not expand in degree, frequency, intensity, or impact of the activity;

E. The nonconforming use shall not be relocated to another portion of a lot, except as allowed in the City pursuant to provisions authorizing the issuance of special use permits for certain nonconforming uses, described below; and,

F. The nonconforming use shall not be changed to a different nonconforming use, except as allowed in the City pursuant to provisions authorizing the issuance of special use permits for certain nonconforming uses, described below.

A. A single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residential nonconforming use can be expanded one time during its existence through enlargement of the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. associated with the nonconforming use by a maximum of 10% or 500 square feet, whichever is greater, and an associated increase in lot coverage, provided that such expansion complies with all development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. standards of the established zoning district in which the nonconforming use is located at the time of expansion.

B. Nonconforming uses located on a boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or major/minor thoroughfare may be changed to a different nonconforming use, or range of uses, or relocated on the same site, upon issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The Board of Adjustment may limit the time period for which such a use permit is valid, if it determines such limitation is necessary or in the public interest. In order to issue such a permit, in addition to consideration of all criteria generally applicable to special uses, the Board of Adjustment shall find that:

1. The proposed new nonconforming use, if a new nonconforming use is proposed, is more compatible with the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pattern of the surrounding area than the previous nonconforming use; and

2. Mitigation measures included as specific conditions in the permit, if necessary, are adequate to provide protection for nearby properties; and,

3. The proposed use, range of uses, or relocation of uses reduces the impacts on the surrounding area in comparison with the established nonconformity. In making this determination, the Board of Adjustment may consider factors such as:

a. Whether the proposed new nonconforming use is considered less intense than the previous nonconforming use considering the uses permitted in each zoning district and the hierarchy of zoning districts established in paragraph 4.1.1, Establishment of Districts, with the districts listed in order from least intense to most intense;

b. Whether the proposed new nonconforming use can be expected to generate less traffic, particularly peak hour traffic, than the previous nonconforming use; and,

c. Whether the proposed new use can be expected to result in a decrease in parking demand from the previous nonconforming use.

A nonconforming use can be changed at any time to a use that conforms to a use allowed by the zoning district. A nonconforming use shall not be re-established if it is:

A. Converted to a conforming use;

B. A use that utilizes a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and is abandoned for a period of at least six consecutive months, as evidenced by termination of utilities, declaration of inhabitability, or other action that the Planning Director or designee deems an indication of abandonment;

C. A use that is conducted outside of a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and is abandoned for a period of at least 30 days as evidenced by removal of equipment or other action that the Planning Director or designee deems an indication of abandonment; or,

D. In the City, changed to a different non-conforming use through the issuance of a minor special use permit.

A. A nonconforming use other than a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. use that is contained in a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that is damaged or partially destroyed can be reestablished if the damage is less than 50% of the appraised tax value, a completed building permit A permit issued by the Inspections Department in conformance with the State Building Code. is issued within 12 months of damage or partial destruction, and construction is completed within 12 months of issuance of the permit.

B. A single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. nonconforming use can be reestablished in any event.

C. No new structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. may be constructed to be used as an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. to a nonconforming use.

D. In Design Districts, a nonconforming use that is contained in a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that is damaged or destroyed can be reestablished by right if a completed building permit A permit issued by the Inspections Department in conformance with the State Building Code. is issued within 12 months of damage or destruction, and construction is completed within 12 months of issuance of the permit.

Nonconforming home occupations Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. for which receipt of a home occupation Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling. permit prior to adoption of this Ordinance that can be documented can continue only for as long as the holder of the original permit resides on the property and operates the use.

A. Single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. uses that were existing as of January 1, 2006, shall be exempt from the limitations of this section.

B. Educational facility uses that were existing as of January 1, 2024, shall be exempt from the limitations of this section.

C. Existing educational facility uses which were approved through the special use permit process, pursuant to Sec. 3.9, Special Use Permit, shall allow expansions of no more than 20% to be approved administratively. Any expansion must still adhere to any conditions imposed by the associated Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit.

A. The creation of a lot with a width or area smaller than allowed by existing zoning requirements is prohibited, except as follows:

1. By governmental action, such as a road See “Street, Public” and “Street, Private.” widening or an officially adopted housing program;

2. Where such lot is comprised of one or more legal nonconforming lots that are being enlarged to create a lot that more closely meets Ordinance standards;

3. Where the creation of such a lot lessens the extent of a nonconforming use and/or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. condition;

4. For the purposes of setting land aside as permanent open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. with no development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. rights, provided that the resulting lots satisfy the applicable dimensional requirements for an open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. lot pursuant to Sec. 7.2, Open Space; or

5. A variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. is approved pursuant to Sec. 3.14, Variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship..

B. Where governmental action has reduced the size of a lot, construction, reconstruction, and additions to structures on the lot shall be considered under the standards for nonconforming lots set forth in this subsection.

A. Any legally established lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. not located within a Special Flood Hazard Area that has a minimum width of 30 feet created prior to the effective date of this Ordinance that is located on a street that is accepted and maintained by NCDOT or the City (or such other form of access as is permitted pursuant to paragraph 12.2.2, Other Forms of Access) may be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residence subject to all other applicable ordinance requirements; and the availability of water and wastewater treatment systems, so long as such use is a permitted use in the district in which the property is located.

B. Lots that do not meet the requirements of paragraph A, above, may be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. following approval by the Board of Adjustment as a minor special use in accordance with Sec. 3.9, Special Use Permit, and the Board of Adjustment’s making one of the additional following findings:

1. The general area around the subject lot is developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and the size of the lot to be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is reasonably consistent with the general pattern of surrounding development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.; or

2. The general area around the subject lot is developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. to be constructed will not substantially impact surrounding development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in a negative manner; or

3. It would be unreasonable or cause undue economic hardship to not allow development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the subject lot. Factors to be considered include, but are not limited to:

a. Ownership history;

b. Prior development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. approvals regarding the subject lot or surrounding lots;

c. Economic investments; and

d. The purposes to be served by requiring compliance with lot size requirements.

C. Side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements for single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on nonconforming lots that do not meet lot width The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots. requirements shall be reduced as follows:

1. In the Rural Tier, the sum of the width of the two side yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of a nonconforming lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. shall be at least 25% of the lot width The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots.. The minimum single side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of a nonconforming lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. shall be 12% of the lot width The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots.. In addition to these requirements, the following minimums apply: if the nonconforming lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. exceeds a width of 55 feet, then each side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be a minimum of eight feet wide. If the nonconforming lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. is 55 feet wide or less, each side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be a minimum of six feet wide.

2. In all other tiers, as applicable, no total side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. is required and each individual side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be at least 80% of the required side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for the district in which the lot is located.

A. Where otherwise allowed by this Ordinance, a legal nonconforming lot can be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. if:

1. The lot is not located within a Special Flood Hazard Area;

2. The lot is located on a street that is accepted and maintained by NCDOT or the City (or such other form of access as is permitted pursuant to paragraph 12.2.2, Other Forms of Access); and

3. Water and wastewater treatment systems are available to serve the lot.

B. Where otherwise allowed by this Ordinance, any nonconforming lot not qualifying under paragraph A, above, may be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. only upon issuance of a minor special use permit per Sec. 3.9, Special Use Permit.

Nonconforming lots within Special Flood Hazard Areas or Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas shall only be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pursuant to paragraph 8.4.4, Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, in addition to the requirements of this section.

A. Special Flood Hazard Areas or Future Conditions Flood Hazard Areas

1. Reconstruction of buildings, including single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. homes, that are located in Special Flood Hazard Areas or Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, shall not be permitted if the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. has experienced substantial damage Damage of any origin sustained by a structure during any one year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. or repetitive loss Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred..

2. Any construction or development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in such areas shall be subject to Sec. 8.4, Floodplain and Flood Damage Protection Standards, in addition to the requirements of this section.

B. General

1. No enlargement or reconstruction shall have the effect of increasing the degree or extent of a nonconforming feature.

a. Additions that are proposed between the minimum yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirement and the existing building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building., or are consistent with the existing height, shall not be considered to increase the degree or extent of the nonconformity.

b. An addition shall be considered to increase the nonconformity if it extends further into required yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. than the existing encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain..

2. No enlargement or reconstruction shall create new nonconformities or encroachments When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain., unless a variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. is approved pursuant to Sec. 3.14, Variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship..

C. Approval

Additions or improvements to, or reconstruction of, nonconforming buildings and structures shall require approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, unless exempted as follows:

1. Improvements, or additions of any size, that:

a. Comply with all current ordinance requirements; or

b. Bring the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. into greater conformity with current ordinance requirements.

2. Projects that allow existing buildings to meet local health, sanitary, or safety code requirements or that are necessary to ensure safe living or occupancy conditions;

3. Projects that require a certificate of appropriateness pursuant to Sec. 3.17, Certificate of Appropriateness;

4. Additions, with a maximum increase in square footage of 100%, that are proposed between the minimum yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirement and the existing building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. line;

5. Reconstruction of the nonconforming structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that is within the original building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. footprint. Proposed additional square footage shall meet the parameters of paragraphs c or d above, as applicable, to be exempt from the requirement of a minor special use permit;

6. Reconstruction or enlargement of, or improvements to a nonconforming structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that is part of a housing program initiated by or supervised by the City, County, or an entity created by the City, County, or State of North Carolina, as long as the degree or extent of the nonconforming feature is not increased.

D. Time-Period Limitations for Reconstruction of Nonconforming Structures

1. Single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or duplex structures, and associated accessory structures, can be re-built within the original building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. footprints as long as a certificate of compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. for the new structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is issued within 36 months of the date of demolition or destruction of the original structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.. Otherwise, current ordinance requirements shall be met. The Planning Director can issue an extension for up to 12 months, as long as documentation is provided that demonstrates due diligence has been made to re-build the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

2. Multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. and non-residential structures can be re-built within the original footprints as long as a certificate of compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. for the new building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. is issued within 36 months of the date of destruction or demolition. Otherwise, current ordinance requirements shall be met.

Additions or changes to nonconforming land improvements such as parking lots An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles., ponds, or other constructed features on land shall not be made unless the addition or improvement brings the land improvement or the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of which it is a part into greater conformity with this Ordinance. Where an improvement of this type is being made in association with enlargement of a nonconforming building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., the application shall be considered under paragraph 14.4.1, Nonconforming Buildings or Structures, above.

Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. projects, such as those approved in accordance with a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., may no longer conform to Ordinance requirements in all areas, such as impervious area, stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. improvements, flood elevations, location of constructed areas, vegetated areas, or buffers. Such projects shall be considered nonconforming projects. Additions to, enlargement of, redevelopment of, or other construction on such projects shall be subject to the following provisions:

A. If the construction affects discrete portions of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project those portions can be considered without regard to compliance of the entire project with the Ordinance. In such case, current Ordinance requirements shall be applied to the improvements for which approval is requested to the maximum degree reasonable in light of the fact that the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project as a whole does not comply with current requirements; and

B. Redevelopment of a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project, defined as construction that exceeds 50% of the appraised tax value of the project, shall be subject to all current Ordinance requirements.

Enlargement, reconstruction, or improvements to nonconformities that do not meet the provisions listed above may seek a variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. from current Ordinance requirements under the Variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. provisions of this Ordinance.