1. 1.
   When a lot has an area or width which does not conform to the dimensional requirements of the district where located, but such lot was of record at the time of adoption of this Ordinance or any subsequent amendment which renders such lot nonconforming, then such lot may be used for a use permitted in the district where located, provided the following are complied with: setback dimensions and other lot requirements, except area or width.
2. 2.
   In residential zones, only a single family dwelling shall be permitted on the nonconforming lot.
3. 3.
   Nothing contained herein exempts a lot from meeting the applicable provisions of the Guilford County Health Department regulations.

1. 1.
   This section applies when:

   1. a.
      Two (2) or more adjoining vacant lots with contiguous frontage are in one (1) ownership; and
   2. b.
      Said lots individually have area or width which does not conform to the dimensional requirements of the district where located; and
   3. c.
      Such lots were of record at the time of adoption of this Ordinance or any subsequent amendment which renders such lots nonconforming.
2. 2.
   Such lots shall be considered as a single buildable lot or several buildable lots for any use permitted in the district where located provided the setback and all other lot requirements, not involving area or width, are complied with.
3. 3.
   Nothing contained herein exempts the contiguous lots considered as a single buildable lot or lots from meeting the applicable provisions of the Guilford County Health Department regulations.

A lot of record reduced to less than the required area, width, or setback dimension as the result of a condemnation or purchase by a local or state government agency shall become a nonconforming lot of record.

Any nonconforming use legally existing at the time of adoption or amendment of this Ordinance may be continued so long as it remains otherwise lawful subject to conditions provided in this Section.

1. 1.
   No nonconforming use shall be changed to another nonconforming use unless such use is determined to be of equal or less intensity. In determining whether a nonconforming use is of equal or less intensity, the Board of Adjustment shall consider:

   1. a.
      Probable traffic of each use;
   2. b.
      Parking requirements of each use;
   3. c.
      Probable number of persons on the premises of each use at a time of peak demand;
   4. d.
      Off-site impacts of each use such as noise, glare, dust, vibration or smoke; and,
   5. e.
      Hours of operation.
2. 2.
   No nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance. The number of dwelling units in a nonconforming residential use shall not be increased.

   1. a.
      The Planning & Development Director may approve a modification in allowing alteration of a nonconforming use that does not increase the degree of nonconformity, or have a greater adverse impact on the surrounding area.
   2. b.
      Modifications may be approved if the Planning & Development Director determines that at least one of the following criteria are met:

      1. i.
         That the proposed modification will result in equal or better performance than the standard being modified;
      2. ii.
         That the size, topography, or existing development of the property or of adjoining areas prevents compliance with a standard; or
      3. iii.
         That a federal, state, or local law or regulation prevents compliance with the standard.
   3. c.
      A nonconforming use may not be relocated, in whole or in part, to another portion of the subject lot or parcel.
   4. d.
      A nonconforming use may not be expanded, enlarged, or extended to occupy a greater area of land or floor area.
   5. e.
      Expansion or alteration decisions may be appealed to the Board of Adjustment.

1. 1.
   If any nonconforming use of land ceases for any reason for a continuous period of more than three hundred and sixty-five (365) days as documented by the Administrator, any subsequent use of such land shall be a permitted use in the district (see Subsec. 4 – Zoning Districts) in which such land is located.
2. 2.
   The resumption of a nonconforming use of land shall not be permitted if such nonconforming use is superseded by a permitted use for any period of time.
3. 3.
   No additional structure(s) not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

Any junked motor vehicle made nonconforming by subsequent amendment to this Subsection shall be discontinued within three hundred and sixty-five (365) days following the date of such amendment. If the owner or occupant of a property fails to comply with a Notice of Violation concerning a junked motor vehicle, any penalty assessed by the Enforcement Officer for a violation under the subsection shall be stayed until all appeals are resolved.

1. 1.
   Any nonconforming structure legally existing at the time of adoption or amendment of this Ordinance may be continued so long as it remains otherwise lawful, subject to the conditions contained in this Section.
2. 2.
   A nonconforming manufactured home or mobile home may be replaced with a similar manufactured home or mobile home as long as the replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to setback requirements. Such replacement must occur within six (6) months of the removal of the nonconforming manufactured home.

1. 1.
   No nonconforming structure may be enlarged or modified in any way that increases its dimensional deficiencies; however, any nonconforming structure or portion thereof may be altered to decrease its dimensional deficiencies. Any enlargement of the structure shall conform to the current dimensional requirement.
2. 2.
   No nonconforming structure shall be moved or relocated to another site except in conformance with this Ordinance.

1. 1.
   In the event of damage by fire or other causes to the extent causing fifty percent (50%) or more of its value prior to such damage as established by the County Tax Department, reconstruction of a nonconforming structure shall be permitted only in compliance with the dimensional provisions of this Ordinance.
2. 2.
   In the event of damage by fire or other causes to the extent causing less than fifty percent (50%) of its value prior to such damage as established by the County Tax Department, reconstruction of a nonconforming structure shall be permitted provided it is constructed:

   1. a.
      In the same manner in which it originally existed; or
   2. b.
      In compliance with the dimensional requirements.

Nothing in this Subsection shall prevent the strengthening or restoration to a safe or lawful condition any part of any building declared unsafe or unlawful, by the Enforcement Officer or other duly authorized official.

When a nonconforming structure or any aspect of a structure that is used in a nonconforming manner is vacant or discontinued for a consecutive period of three hundred and sixty-five (365) days, the structure may thereafter be used only for conforming purposes.

Nonconforming signs may remain in use, subject to the regulations of this Section and all other applicable requirements. Nonconforming signs shall be maintained in good repair (per Subsec. 7 - Signs) and must comply with all other requirements of this Ordinance.

1. 1.
   Nonconforming signs shall not be modified or altered, except that the copy may be changed on an existing sign.
2. 2.
   Nonconforming signs shall not be moved on the site or relocated to another site, except in conformance with this Ordinance.

Any nonconforming sign or sign structure which has been damaged may be repaired and used as before, provided all repairs are initiated within ninety (90) business days and completed within one hundred and twenty (120) business days of such damage. However, if the Enforcement Officer declares the sign 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 Enforcement Officer or remove the sign and structure.

The owner of a lot containing signs requiring a permit under this Ordinance shall maintain a Sign Certificate or Nonconforming Sign Certificate for such sign(s). Sign Certificates and Nonconforming Sign Certificates shall be issued by the Enforcement Officer for individual signs on each zone lot.

1. 1.

   Signs Existing on Effective Date

   1. a.
      For any sign existing on the effective date of this Ordinance, an application for a Sign Certificate must be submitted within one hundred eighty (180) days after the effective date of this Ordinance. Signs which are the subject of permit applications received after this one hundred and eighty (180)-day grace period shall be subject to all terms and conditions of this Ordinance and shall not be entitled to protection as nonconforming signs unless issued a Sign Certificate.
   2. b.
      A sign that would be allowed by this Ordinance only with a sign permit and was constructed in accordance 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 not in conformance with the requirements of this Ordinance, shall be issued a Nonconforming Sign Certificate. If a property contains a greater number of legally-erected signs than would be permitted by this Ordinance, then such signs shall be entitled to Nonconforming Sign Certificates, if applicable.

      1. i.
         A Nonconforming Sign Certificate shall allow the sign to remain in place and be maintained indefinitely as a legal nonconforming sign subject to compliance with the following:

         1. a.
            Normal maintenance of such sign shall be allowed including changing of copy, nonstructural repairs such as repainting or electrical repairs, and incidental alterations which do not increase the degree or extent of the nonconformity;
         2. b.
            No structural alteration, enlargement or extension of such sign shall be allowed;
         3. c.
            No relocation of such sign upon the premises shall be allowed and
         4. d.
            If damage to such sign from any cause is less than fifty percent (50%) of either the original or replacement value, whichever is less, the sign may be rebuilt or repaired to its original condition in its original location and may continue to be displayed.
      2. ii.
         The application for a Nonconforming Sign Certificate may include multiple signs on the same zone lot and shall contain the following:

         1. a.
            A color print showing the entire sign(s) including any supporting framework;
         2. b.
            Dimensions of the sign(s) including length, width, height, and area in square feet;
         3. c.
            An elevation drawing with dimensions of the façade or wall area showing the location of any attached sign(s) in approximate scale; and
         4. d.
            A site plan showing the location of all signs on the same zone lot including any setback or spacing measurements, if appropriate. This information shall be certified as to its accuracy and completeness by the owner and/or occupant, whomever is in control of the sign(s).
   3. c.
      A sign that would be allowed by this Section only with a sign permit and was in existence on the adoption date of this Ordinance but does not have a Nonconforming Sign Certificate, shall either be removed or brought into compliance within five (5) years of the adoption date of this ordinance.
   4. d.
      A sign that would be allowed by this Section only with a sign permit and was in existence on the adoption date of this Ordinance, and is in compliance with all provisions of the Section but does not have a Sign Certificate may be issued a Sign Certificate upon application to the Enforcement Officer.
2. 2.
   Signs Erected after Effective Date

   For signs erected after the effective date of this Ordinance, a Sign Certificate shall be issued after approval of all inspections.

3. 3.
   Lapse of Sign Certificate or Nonconforming Sign Certificate

   A Nonconforming Sign Certificate shall lapse automatically, and the nonconforming sign shall be brought into compliance with this Section or removed if one (1) of the following occurs:

   1. 1.
      If such sign is damaged from nay cause to an extend of fifty percent (50%) or more of either the original or replacement value, whichever is less;
   2. 2.
      If there is a change in the sign such that a sign or electrical permit is required; or
   3. 3.
      If the business activity on the premises is discontinued for a period of ninety (90) days or more.
4. 4.
   Assignment of Sign Certificate

   A current and valid Sign Certificate or Nonconforming Sign Certificate shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the Enforcement Officer may require. The assignment shall be accomplished by filing and shall not require approval.

5. 5.
   Rezoning (Zoning Map Amendment) or Text Amendment

   Any sign that is made nonconforming by reason of a rezoning (zoning map amendment) or any subsequent amendment to the text of this Ordinance, shall be removed or brought into compliance as provided in this Section.