(A)   Unless specifically provided in these regulations and subject to the restrictions and qualifications set forth in these regulations, nonconforming situations that were otherwise lawful on the effective date of these regulations may be continued.

   (B)   Nonconforming projects may be completed only in accordance with the provisions of section 9-4-34.

(Ord. No. 2337, § 1, passed 6-13-1991)

   (A)   Except as specifically provided in this section, the extent of the nonconformity of a nonconforming situation shall not be increased. In particular, the following activities shall be prohibited:

      (1)   Nonconforming uses. An increase in the total amount of space devoted to a nonconforming use; extensions throughout any portion of a building by a nonconforming use; and an increase in volume, intensity or frequency by a nonconforming use.

      (2)   Other nonconforming situations. Greater nonconformity with respect to dimensional restrictions, density requirements or other regulations such as parking requirements; and enclosing a previously unenclosed area that does not meet all applicable development standards.

   (B)   Subject to section 9-4-34, a nonconforming use of undeveloped land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a sand mining operation) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming if 10% or more of the earth products had already been removed on the effective date of these regulations.

   (C)   Within any zoning district, any mobile home used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a mobile home of the same or larger size, provided that:

      (1)   The total number of dwelling units is not increased;

      (2)   The enlargement or replacement does not create additional nonconformities or increase the extent of existing nonconformities with respect to dimensional standards and/or parking requirements;

      (3)   Subject to subsection (C)(2) above, when a single mobile home on an individual lot of record is located in a residential district, single-family requirements for the controlling district shall apply;

      (4)   Subject to subsection (C)(2) above, when a single mobile home on an individual lot of record is located in a nonresidential district, R-6MH District requirements shall apply;

      (5)   Subject to subsection (C)(2) above, when two or more mobile homes are located on a parcel of land in any zoning district, the provisions of Article H of this chapter shall apply;

      (6)   Accessory buildings and structures shall be subject to the requirements of the applicable district or article in accordance with this section;

      (7)   Parking requirements shall apply in accordance with Article O of this chapter; and/or

      (8)   This section shall be subject to the limitations stated in section 9-4-32.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 98-155, § 1, passed 12-10-1998)

   (D)   Within any residential zoning district, any dwelling structure used for residential purposes and maintained as a nonconforming use, and any accessory building or structure to the dwelling, shall be exempt from the provisions of subsection (A)(1) above, provided that:

      (1)   The total number of dwelling units is not increased;

      (2)   The enlargement or addition does not create additional nonconformities or increase the extent of existing nonconformities with respect to dimensional standards and/or parking requirements;

      (3)   Subject to subsection (D)(2) above, when located within a single-family district, multi-family dwelling structure(s) shall comply with Article I of this chapter or single-family requirements for the controlling district, whichever is greater; and/or

      (4)   Subject to subsection (D)(2) above, when located within a single-family district, two-family attached (duplex) dwelling structures shall comply with R-6A District standards or single-family requirements for the controlling district, whichever is greater.

   (E)   Within the CD downtown commercial zoning district, a nonconforming use that may be continued in accordance with the provisions of section 9-4-28 will be allowed to expand directly above the roof of existing areas devoted to the same type of nonconforming use and shall not be subject to the provisions of subsection (A)(1) above relating to said expansion, provided that:

      (1)   The open air deck is directly above the nonconforming use and does not have an intervening story between the existing nonconforming use and the open air deck;

      (2)   The addition does not create additional nonconformities or increase the extent of existing nonconformities with respect to dimensional standards, setback requirements, height limits, and/or parking requirements;

      (3)   Improvements to the existing building are made so that it is in full compliance with all current North Carolina Building Code requirements as a result of the additional functional square footage and, as such, building permit applicants may be required, as determined necessary by the building inspector, to provide construction drawings that demonstrate compliance with increased structural loads through a structural analysis prepared and sealed by a professional engineer, occupant loads, egress loads including exterior stairs and/or ramps used as a means of egress, plumbing facility loads, interior and roof deck finish material information, sprinkler loads, fire alarm system and additional specific requirements pertinent to the building as a result of the addition;

      (4)   New and reconfigured stairways and landings constructed to serve new open air decks upon a roof shall be allowed to be constructed within the property lines of the nonconforming use, regardless whether they are within or outside of a building’s exterior walls;

      (5)   It is permissible to reconstruct existing roofs to support open air decks, regardless whether existing roofs enclose conditioned buildings or are located above nonconditioned areas that are open on the side(s);

      (6)   Enclosed areas on open air roof decks shall be limited to mechanical rooms, HVAC equipment, bathrooms and janitor closets;

      (7)   A special use permit is approved by the Board of Adjustment for the addition; and

      (8)   Notwithstanding the foregoing, the nonconforming use, including the addition, remains as a nonconforming use in accordance with the provisions of this chapter.

(Ord. No. 98-155, § 2, passed 12-10-1998; Ord. 16-054, § 1, passed 9-8-2016)

   (A)   If a structure is located on a lot where a nonconforming situation exists, then minor repairs and routine maintenance is permitted subject to the provisions of these regulations.

   (B)   If a structure is located on a lot where a nonconforming situation exists, the structure may be restored and occupancy or use allowed if that structure is destroyed by fire, wind, flood or other natural disaster, provided that the restoration and occupancy or use complies with the provisions of this chapter.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2356, § 1, passed 8-8-1991)

   (C)   Notwithstanding the provisions of subsection (B) above, a mobile home located within the area of special flood hazard which has been damaged due to a flood by at least 50% of its fair market value and which is located within a mobile home park that has been substantially damaged shall not be permitted to be repaired or replaced unless the density of the mobile home park is less than or equal to the maximum density as set forth in section 9-4-132. Prior to repairing or replacing such a mobile home when the density of the mobile home park is greater than the maximum density, all pads, utility services, driveways and appurtenances available for the placement of mobile homes in excess of the maximum density for the mobile home park shall be removed. For the purpose of this subsection, a mobile home park has been substantially damaged if greater than 50% of the mobile homes located within the mobile home park have been damaged by at least 50% of their fair market value as a result of a flood which occurred on or after September 15, 1999.

(Ord. No. 00-19, § 11, passed 2-10-2000)

   (A)   A change of use where a nonconforming situation exists shall be permitted only if the intended change is to a use that is permissible in the district where the property is located.

   (B)   When a dimensional nonconformity occurs as a result of a change of use, and the dimensional standard cannot be met, then the change of use shall be permitted in accordance with subsection (A) above, except in the following situations:

      (1)   The intended use requires additional lot size or lot width above the minimums for the district where the property is located except in the case of single-family dwellings in CDF Zoning Districts;

      (2)   Specific conversion standards are established for the intended use; or

      (3)   Specific spacing requirements between uses are established for the intended use.

(Ord. No. 2337, § 1, passed 6-13-1991)

   (A)   A nonconforming use may be continued for an indefinite period, except as provided herein, provided that if the use is discontinued for a period of 180 consecutive days, the use shall not be reestablished or changed to any other use except to one that is permissible in the district where the property is located.

   (B)   For purposes of determining whether a right to continue a nonconforming use is lost pursuant to this section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

(Ord. No. 2337, § 1, passed 6-13-1991)

   (A)   Any single nonconforming lot of record existing as of the effective date of this chapter that has 80% or more of the minimum required lot area, lot width and/or frontage for the district where the property is located, may be used as a building site, subject to the following exceptions:

      (1)   The provisions of this subsection shall not apply to uses requiring additional lot size above the minimums for the district where the property is located, except in the case of single-family dwellings in CDF Zoning Districts;

      (2)   A two-family attached dwelling (duplex) may be built on a nonconforming lot of record established as of the effective date of this chapter in R-6, R-6A, R-6MH, CDF and MR Zoning Districts that has at least 80% of the minimum required lot width and/or lot frontage required for the use. However, a two-family attached dwelling (duplex) shall not be permitted to locate on a nonconforming lot that is substandard due to inadequate lot area in the above-mentioned zones; and

      (3)   The provisions of this section shall not apply to the conversion or new construction of a bed and breakfast inn approved pursuant to section 9-4-86(U)(4).

   (B)   Where there are two or more undeveloped adjoining nonconforming lots in one ownership at any time on or after May 8, 1969, and the lots individually are less than the minimum area and/or width required (pursuant to subsection (A) above) for the district in which they are located, then the group of lots shall be considered as a single lot or several lots of minimum permitted area and width for the district in which located. This section shall apply to the current owner of the adjoining undeveloped nonconforming lots and to any successor(s) in interest of the lot(s).

   (C)   Prior to development of any building site resulting from the combination of substandard lots under this section, a final plat of the combination shall be approved and recorded in accordance with Title 9, Chapter 5, Subdivisions, of the Greenville City Code.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 94-157, § 1, passed 12-8-1994; Ord. No. 95-29, § 7, passed 3-9-1995; Ord. No. 97-85, §§ 1, 2, passed 8-14-1997; Ord. No. 98-104, § 1, passed 8-13-1998; Ord. No. 05-89, § 9, passed 8-11-2005)

   (A)   The vested right is a right which is established pursuant to G.S.160D-108 or 160D-108.1 to undertake and complete the development and use of property under the terms and conditions of an approved development plan. When a building permit has been validly issued for construction of a nonconforming project the expiration provisions of G.S. 160D-403(f) shall apply, the project shall be permitted to develop in accordance with the terms of that permit provided the building permit remains unrevoked and unexpired.

   (B)   Obtaining site development plan approval or preliminary plat subdivision approval in accordance with Title 9, Chapter 5, Subdivisions, of the Greenville City Code through the vested rights procedure gives the applicant the right to start construction of the development as approved within two years of approval. A vested right is obtained:

      (1)   Automatically when a special use permit is granted by virtue of Board of Adjustment approval:

       (2)   Automatically when a subdivision plat is approved and the plat recorded in accordance with the procedure set forth in Title 9, Chapter 5, Subdivisions, of the Greenville City Code: and

      (3)   Automatically when the Board of Adjustment approves a site-specific vesting plan submitted by a developer in conjunction with an application for a zoning permit with vested rights as described in this section.

   (C)   A vested right shall be a deemed established to any property upon the valid approval of a site plan by the authority having planning and zoning jurisdiction over the property. The vested right shall confer upon the landowner, the right to undertake and complete the development and use of the property under the terms and conditions of the site plan. Nothing in this section shall prohibit the city from revoking the original approval for failure to comply with applicable terms and conditions of the approval.

   (D)   A site plan shall be deemed approved upon the effective date of the action as noted upon the site plan or other method customarily utilized by the applicable approval authority.

(E)   A right which has been vested as provided for in this section shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to any site plan. A right which has been vested as provided in this section shall terminate at the end of the aforesaid vesting period with respect to buildings and uses for which no valid building permit applications have been filed.

   (F)   A vested right, once established as provided for in this section, precludes any zoning action by the city which would change, alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in an approved site plan, except as provided by state or federal law. Applicable new regulations shall become effective with respect to property which is subject to a site plan upon the expiration or termination of the vesting rights period provided for in this section.

   (G)   Notwithstanding any provision of this section, the establishment of a vested right shall not preclude, change or impair the authority of the city to adopt and enforce Zoning Ordinance provisions governing nonconforming situations, lots or uses.

   (H)   A vested right obtained under this section is not a personal right, but shall attach to and run with the applicable property. After approval of a site plan, all successors to the original landowner shall be entitled to exercise such rights as provided herein.

   (I)   Nothing in this section shall be deemed to conflict with the rights conferred upon a subdivider by the city subdivision regulations when preliminary subdivision plat approval has been given to a nonconforming project.

   (J)   Except as provided in this section, no building permit shall be issued, nor shall any site plan approval be vested for a project that does not conform with these regulations.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 21-032, § 1, passed 6-21-2021)

   (D)   The Director of Planning and Development Services shall review the application and accompanying site development plan(s) for compliance with the requirements of this ordinance and other applicable regulations. After review and approval through the appropriate administrative staff level review process, the request for vested rights will be scheduled for an evidentiary hearing before the Board of Adjustment. The evidentiary hearing will be scheduled as provided by the Board of Adjustment's rules of procedure.

   (E)   Requests for vested rights for Site Development Plans shall be scheduled for formal review at the next regular meeting of the Board of Adjustment following review and approval by staff and/or the Planning and Zoning Commission. At this time, the Board of Adjustment shall hold an evidentiary hearing to review the Site Development Plan and evaluate its conformance with the requirements of this ordinance and other applicable requirements of the City of Greenville. In considering an application for Site Development Plan approval with vested rights, the Board of Adjustment shall give due regard to whether issuance of the permit would serve the purpose and intent of this ordinance, secure public safety and welfare, and do substantial justice. If the Board of Adjustment should find, after evidentiary hearing, that the proposed permit should not be granted, the permit should be denied. If the Board of Adjustment finds that the request meets the requirements stated above, it then shall take one of the following actions.

      (3)   Continue the Site Development Plan with vested rights request pending the submittal of additional information.

      (1)   The use requested is among those permitted in the district in which the property is located and complies with all the requirements of this and other applicable ordinances;

      (2)   The requested permit is either essential or desirable for the public convenience or welfare;

      (3)   The requested permit will not impair the integrity or character of the surrounding or adjoining districts and will not be detrimental to the health, safety, or welfare of the community; and

      (4)   Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided.

   (H)   Variances from the procedures and requirements for obtaining vested rights as set forth in this section shall not be permitted. Requests for variances from the development standards established by this ordinance shall be heard by the Board of Adjustment.

   (I)   Violations of the terms and/or conditions of the vested rights approval shall be considered a violation of this ordinance and shall be subject to the enforcement and penalty provisions set forth in this ordinance. In addition, the Board of Adjustment may, after legislative hearing, revoke any such vested rights for failure to abide by any such term or condition.

   (J)   Any development constructed pursuant to a zoning permit with vested rights for which the vested term has expired and which is not in conformance with all the terms of the Ordinance because of changes made in the provisions of this ordinance, including the official zoning map, after the issuance of the permit shall be subject to the provisions of this ordinance relating to non-conformities the same as any other nonconformity.

(Ord. No. 21-032, § 1, passed 6-21-2021)

   Any landowner who signs an annexation petition to the city pursuant to G.S. 160A-31 or G.S. 160A-58.1 shall, as part of that petition, file a signed statement declaring whether or not vested rights with respect to the property subject to the petition have been established under G.S. 160D-108.1. If the statement declares that such rights have been established, the city may require petitioners to provide proof of such rights. A statement which declares that no vested rights have been established by law shall be binding on the landowner and any such vested right shall be terminated.

(Ord. No. 21-032, § 1, passed 6-21-2021)

   The following uses, if they are or become nonconforming by virtue of the adoption of this chapter or of subsequent amendments thereto, shall be removed within 39 months after the date of adoption hereof or of the amendment:

      Stockyards or livestock sale pavilions.

(Ord. No. 2074, passed 10-5-1989; Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 21-032, § 1, passed 6-21-2021)

   The following accessory uses and/or structures, if they are or become nonconforming by virtue of this chapter or of subsequent amendments thereto, shall be removed within 12 months after the date of adoption hereof or of the amendment:

      Sports ramps.

(Ord. No. 04-95, § 3, passed 8-12-2004; Ord. No. 21-032, § 1, passed 6-21-2021)