(A)   A nonconforming situation occurs when, on the effective date of the UDO, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matter as density and setback requirement) is not in conformity with the UDO, because signs do not meet the requirements of the UDO, or because land or buildings are used for purposes made unlawful by the UDO.

   (B)   Unless otherwise specifically provided for in Chapter 154 for specific districts, as well as other chapters of the city code of ordinances, and subject to the restrictions and qualifications set forth in the remaining sections of this chapter, nonconforming situations that were otherwise lawful on the effective date of the UDO may be continued.

   (C)   Whenever the UDO refers to the effective date of the UDO, the reference shall be deemed to include the effective date of any amendments to the UDO if the amendment, rather than the UDO as originally adopted, creates a nonconforming situation.

(Ord. passed 7-25-2011)

   (A)   Single lot of record with lot area and/or lot width nonconformity.

      (1)   When an undeveloped lot has an area or width which does not conform to the dimensional requirements of the district where located, but the lot was approved and of record at the time of adoption of the UDO or any subsequent amendment which renders the lot nonconforming, then the lot may be used for a use permitted in the district where located, provided that the setback dimensions and other requirements, except area or width, are complied with.

      (2)   In residential zones, only a single-family detached dwelling shall be permitted on the nonconforming lot.

      (3)   Nothing contained herein exempts a lot from meeting the applicable provisions of the City Public Services Department or the County Environmental Health Department regulations.

   (B)   Lots with contiguous frontage in one ownership.

      (1)   When two or more adjoining and vacant lots of record with contiguous frontage are in one ownership at the time of the adoption of the UDO or subsequent to adoption and the lots individually have a lot area or lot width which does not conform to the dimensional requirements of the district where located, the lots shall be combined to create one or more lots that meet the standards of the district where located.

      (2)   Nothing contained herein exempts the contiguous lots considered as a single buildable lot or lots from meeting the applicable provisions of the City Public Services Department or the County Environmental Health Department regulations.

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

   (D)   Lot of record with setback nonconformity. When the use proposed for an undeveloped nonconforming lot is one that is conforming in all other respects except that the applicable setback requirements cannot reasonably be complied with, then the entity authorized by the UDO to issue a permit for the proposed use (the Zoning Administrator, Board of Commissioners or Board of Adjustment) may allow deviations from the applicable setback requirements if it finds that:

      (1)   The property cannot reasonably be developed for the use proposed without the deviations;

      (2)   The deviations are necessitated by the size or shape of the nonconforming lot; and

      (3)   The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.

(Ord. passed 7-25-2011)

   (A)   Continuance of nonconforming use of land. Any nonconforming use legally existing at the time of adoption or amendment of the UDO may be continued so long as it remains otherwise lawful subject to conditions provided in this section.

   (B)   Conditions for continuance. The nonconforming use of land shall be subject to the following conditions:

      (1)   Nonconforming uses shall not 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:

         (a)   Probable traffic of each use;

         (b)   Parking requirements of each use;

         (c)   Probable number of persons on the premises of each use at a time of peak demand; and

         (d)   Off-site impacts of each use, such as noise, glare, dust, vibration or smoke and other impacts on surrounding properties or the public health or safety.

      (2)   The number of dwelling units in a nonconforming residential use shall not be increased.

      (3)   Nonconforming uses shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of the UDO.

      (4)   If any nonconforming use of land ceases for any reason for a continuous period of more than 180 days, any subsequent use of the land shall be a permitted use in the district in which the land is located. Recontinuance of any nonconforming use must be with the clear intent of being continuous and permanent.

      (5)   The resumption of a nonconforming use of land shall not be permitted if the nonconforming use is superseded by a permitted use for any period of time.

      (6)   No additional structure(s) not conforming to the requirements of the UDO shall be erected in connection with the nonconforming use of land.

   (C)   Amortization of existing minor structures and junk materials.

      (1)   Where nonconforming uses of land involve minor structures (not including signs), or stored junk materials such as storage yards, junk yards or salvage yards, the minor structures and stored junk materials existing as of the effective date of the UDO shall be removed according to the following schedule (Table 161-1):

 

 

      (2)   Prior to the time for removal indicated in division (C)(1) above, the structure or material may remain in place subject to the following requirements:

         (a)   The material or structure shall not be enlarged, expanded, moved or relocated.

         (b)   The material or structure shall not be allowed to remain after the activity, business or use to which it relates has been discontinued.

         (c)   If the material or structure is damaged in such a manner that the estimated expense of repairs exceeds 50% of its replacement value, the material or structure shall not be allowed to remain or be repaired, and must be removed.

      (3)   Upon failure to comply with the requirements of divisions (C)(1) and (2) above, the Zoning Administrator shall cause the removal of any nonconforming minor structures or junk materials as hereafter provided:

         (a)   The Zoning Administrator shall give the owner of the nonconforming structure or material notice of the violation by certified mail with return receipt requested. Notice to the owner or the occupant of the premises on which the structure or material is located shall be sufficient. These notices shall contain a brief statement of the particulars in which this section is violated and the manner in which such violation is to be remedied.

         (b)   Failure to correct the violation within 30 days of received written notice of violation shall subject the offender to a civil penalty under § 162.05.

         (c)   In addition to the above penalties, the city may apply to a court of justice for a mandatory or prohibitory injunction and order of abatement directing the owner, occupant or permittee to correct the violation in accordance with G.S. § 160D-404.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Except as provided below, nonconforming uses shall not be extended, enlarged or replaced.

      (1)   Any single-family residential nonconforming use (which may be a manufactured or modular home) may be enlarged or replaced with a similar single-family residential structure of the same size or of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to setback requirements.

      (2)   A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by the UDO, was manifestly designed or arranged to accommodate the use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building unless specifically authorized in accordance with § 161.07.

      (3)   A nonconforming use of open 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 pit) may be expanded to the limits of the site plan upon which the mining permit was granted if 10% or more of the natural materials had already been removed on the effective date of the UDO.

      (4)   The volume, intensity or frequency of use of property where a nonconforming use exists may be increased and the equipment or processes used at a location where a nonconforming use exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind or use and no violations of other sections of the UDO occur.

(Ord. passed 7-25-2011)

   (A)   Continuance of nonconforming structure. Any nonconforming structure legally existing at the time of adoption or amendment of the UDO may be continued so long as it remains otherwise lawful.

   (B)   Conditions for continuance. Nonconforming structures shall be subject to the following conditions, in addition to those provided for specific zoning districts pursuant to Chapter 154.

      (1)   Nonconforming structures may not be enlarged or altered in any way which increases its dimensional deficiencies (except as provided in division (B)(2) below); 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 requirements.

      (2)   The only exception to division (B)(1) above is for mobile or manufactured homes, where they may be replaced with a larger manufactured home. This also means a “singlewide” may be replaced with a “doublewide”.

      (3)   In the event of damage by fire or other causes to the extent exceeding 50% of its tax value prior to the damage as established by the Building Inspector, reconstruction of a nonconforming structure shall be permitted only in compliance with the dimensional provisions of the UDO.

      (4)   In the event of damage by fire or other causes to the extent causing less than 50% of its tax value prior to the damage as established by the Building Inspector, reconstruction of a nonconforming structure shall be permitted, provided a building permit is issued within 180 days of the structure’s destruction, and it is constructed:

         (a)   In the same manner in which it originally existed subject to compliance with the requirements of the State Building Code; or

         (b)   In compliance with the dimensional requirements.

      (5)   Nonconforming structures shall not be moved or relocated unless it is made to comply with the dimensional and use requirements of the district in which it is relocated and with the requirements of the State Building Code.

   (C)   Vacant structure.

      (1)   When a nonconforming structure or any aspect of a structure that is used in a nonconforming manner is discontinued for a consecutive period of 180 days, or greater than 180 days with good cause, the structure may thereafter be used only for conforming purposes.

      (2)   When a structure or any aspect of the structure that is made nonconforming by the UDO is vacant or discontinued at the effective date of the UDO, the 180-day period as defined in division (C)(1) above begins to run at the effective date of the UDO.

   (D)   Preservation of safe or lawful conditions. Nothing in the UDO shall prevent the strengthening or restoration to a safe or lawful condition any part of any building declared unsafe or unlawful by the Building Inspector or other duly authorized official.

(Ord. passed 7-25-2011)

   (A)   Nonconforming situation resulting from governmental acquisition. Any lot reduced in size by municipal, city or state condemnation or purchase of land shall obtain nonconforming lot or building status to the extent that the condemnation or purchase causes noncompliance with any provisions of the UDO.

   (B)   Nonconforming parking created by change of use. Whenever a change of use that does not involve the enlargement of an existing structure is proposed for a lot on which the parking requirements of the UDO for the proposed new use cannot be met due to insufficient lot area, the proposed change of use shall not be regarded as an impermissible extension or enlargement of a nonconforming situation. However, the permit-issuing authority shall require that the parking requirements be satisfied to the extent possible utilizing the lot area that is available and may require that satellite parking space be obtained.

(Ord. passed 7-25-2011)

   All nonconforming projects on which construction was begun at least 180 calendar days before the effective date of the UDO as well as all nonconforming projects that are at least 10% completed in terms of the total expected cost of the project on the effective date of the UDO may be completed in accordance with the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this section shall apply only to the particular phase under construction. In addition, as provided in G.S. § 160D-108, neither the UDO nor any amendment to it shall, without the consent of the property owner, affect any lot with respect to which a building permit has been issued pursuant to G.S. § 160D-1110 prior to the enactment of the Article making the change so long as the building permit remains valid, unexpired and unrevoked.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Continuance of nonconforming signs.

      (1)   Signs in existence on the effective date of the UDO which do not conform to the provisions of the UDO, but which were constructed, erected, affixed or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs. Although it is not the intent of the UDO to encourage the continued use of nonconforming signs, nonconforming signs shall be allowed to continue and a decision as to the continued existence and use or removal of the signs shall be controlled as follows:

         (a)   Nonconforming signs shall not be changed to another nonconforming sign.

         (b)   Nonconforming signs shall not have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for periodic change of message.

         (c)   Nonconforming signs shall not be structurally altered so as to change the shape, size, type or design of the sign other than to make the sign a conforming sign.

         (d)   Nonconforming signs shall not be re-established after the activity, business or use to which it relates has been discontinued and the sign shall be removed.

         (e)   Nonconforming signs shall not be re-established and all remains of the sign must be removed after damage or destruction, if the estimated expense of repairs exceeds 50% of the estimated total value of the sign at the time of destruction, as determined by the Building Inspector. If damaged by less than 50%, but repairs are not made within 90 days of the time the damage occurred, the nonconforming sign shall not be allowed to continue and must be removed.

         (f)   Nonconforming signs shall not be relocated unless it is brought into conformance with the requirements of the UDO.

         (g)   Normal maintenance and repair of a nonconforming sign is permitted providing the shape, size, type or design of the sign is not altered.

      (2)   Any nonconforming sign that is structurally altered, relocated or replaced shall immediately be brought into compliance with all the provisions of the UDO.

      (3)   Any nonconforming sign which: is a menace to the public safety and/or traffic; has been abandoned; has not been properly maintained, including cleaning and painting of painted surface areas and replacement of damaged parts; is not contributing to the aesthetic standards and development of the city as determined by the Department of Planning and Inspections; has not been appraised for tax purposes by the County Tax Assessor’s Office; or does not comply with applicable standards for nonconforming use of land or minor structure as set forth in this chapter, shall be removed after due notice has been given by the Zoning Administrator.

   (B)   Violations of nonconforming sign provisions.

      (1)   Except as provided in division (B)(2) below, the Zoning Administrator shall order the removal of any sign maintained in violation of the provisions of this section for which removal procedures are herein prescribed, accordingly:

         (a)   The Zoning Administrator shall give 90 days written notice to the owner or lessee to remove the sign or to bring it into compliance with the UDO.

         (b)   If the owner or lessee fails to remove the sign within 90 days after receipt of the written notice has been given, the Zoning Administrator shall institute removal proceedings according to the procedures specified in G.S. § 160D-404.

      (2)   Nonconforming fixed subdivision and Nontraditional Lot Development signs may be removed by the city on approval of the Board of Commissioners after a written notice recommending the removal is posted on the subject sign by the Department of Planning and Inspections for a period of seven consecutive days and a public hearing is held to consider the removal thereof. The written notice shall describe the sign sufficiently to identify it, recite the conditions causing the sign to be nonconforming, and state the date and time (which cannot be prior to expiration of the aforementioned seven-day period) set for the public hearing thereon.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)