There are existing uses of land, structures, lots of record, and signs that were lawfully established before the effective date of this Ordinance or a subsequent amendment thereto, that now do not conform to standards and requirements of this Ordinance. Such uses, structures, lots, and signs are collectively referred to as "nonconformities." The purpose and intent of this chapter is to allow nonconformities to continue to exist, but to regulate and limit their continued existence and expansion so as to bring them into conformity to the extent that is reasonably practicable.

(Ord. No. 7266/17-08, § 31, 1-17-2017)

In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the landowner of the land on which the alleged nonconformity is located.

A.

Maintenance Allowed Nonconformities are allowed to continue in accordance with the requirements of this Ordinance, and are allowed and encouraged to receive minor repairs and routine maintenance that are necessary to maintain the nonconformity and its surroundings in a safe condition and to protect against health hazards.

B.

Strengthening Allowed Nothing in this Ordinance shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building or structure declared unsafe or unlawful by a duly authorized City official.

No change of title or possession or right to possession of property involved with a nonconformity shall be construed to prevent the continuance of such nonconformity.

Nonconforming uses shall be subject to the standards in this section.

The standards in this section shall apply to all nonconforming uses in the City except as otherwise provided in Section 8.2.3, Standards applied to specific nonconforming uses.

A.

Continuation

1.

A nonconforming use may be continued and maintained in accordance with the standards of this section.

2.

If a nonconforming use is replaced by a conforming use, the nonconforming use may not be re-established.

B.

Conversion

1.

No nonconforming use shall be changed to another nonconforming use unless the use is determined by the Planning and Development Director to be of equal or less intensity or density. In determining whether a nonconforming use is of equal or less intensity or density, the Planning and Development Director shall consider:

(a)

Anticipated traffic of each use;

(b)

Parking requirements of each use;

(c)

Anticipated number of persons on the premises of each use at a time of peak demand;

(d)

The number of dwelling units; and

(e)

Off-site impacts of each use, such as noise, glare, dust, vibration, or smoke.

2.

A nonconforming use must continue to occupy the same lot or plot of land.

C.

Expansion or Enlargement A nonconforming use may be expanded or enlarged provided:

1.

The additional square footage of the expansion or enlargement does not exceed 25 percent of the square footage of the structure(s) that existed at the time the use became nonconforming;

2.

The expansion or enlargement occupies the same lot or plot of ground as occupied by the existing structure at the time the use became nonconforming;

3.

Neither the number of dwelling units or the intensity of the use is increased; and

4.

The expansion or enlargement does not create any additional nonconformities.

D.

Cessation

1.

General

(a)

If a nonconforming use of land ceases operation for a continuous period of more than 180 days, any subsequent use of the land shall be a use permitted in the district by right.

(b)

The landowner shall demonstrate that the nonconforming use has not ceased for a continuous period of more than 180 days, to maintain its nonconforming status.

(c)

A determination by the City that a nonconforming use has ceased may be based on (but not limited to) any of the following:

(1)

Removal of inventory, equipment, or machinery;

(2)

Termination in or a substantial reduction in utility services;

(3)

Absence or reduction in activity at the site compared with the former level of use;

(4)

Failure to maintain minimal hours of operation;

(5)

Voluntary demolition;

(6)

Unoccupied buildings in which the use was formerly conducted;

(7)

Removal of on-site signage or copy from that signage;

(8)

Failure to apply or re-apply for the necessary permits; or

(9)

Failure to appeal from the denial of necessary permits.

2.

Damage, Destruction, or Demolition If a nonconforming use of land ceases because of damage, destruction, or demolition of the structure in which the use is located, the structure may be reconstructed or repaired and the use re-established within 180 days, but may not exceed the square footage existing prior to its damage or destruction, except as provided in Section 8.2.2 C, Expansion or Enlargement.

E.

Signs Signage for nonconforming uses is subject to the standards in Section 5.7, Signage.

The following specific nonconforming uses shall meet the requirements of Section 8.2.2, Standards Applied to All Nonconforming Uses, except as expressly stated in the specific nonconforming use requirements.

A.

Standards Applied to Market Showrooms

1.

Expansion or Enlargement A nonconforming market showroom use may be expanded or enlarged provided:

(a)

The expansion or enlargement occupies the same lot or plot of land as occupied by the existing structure(s) at the time the use became nonconforming; and

(b)

The expansion or enlargement does not create any additional nonconformities.

2.

Cessation

(a)

General

(1)

If a nonconforming market showroom use ceases operation for a continuous period of more than 1 year, any subsequent use of land shall be a use permitted in the district.

(2)

The landowner shall demonstrate that the nonconforming use has not ceased for a continuous period of more than 1 year to maintain its nonconforming status.

(b)

Damage, Destruction, or Demolition If any nonconforming market showroom use ceases because of damage, destruction, or demolition of the structure in which the use is located, the structure may be reconstructed or repaired and the use re-established within 365 days.

B.

Standards Applied to Lands in the MS Zoning District

1.

Expansion or Enlargement Nonconforming uses in the (MS) district shall not be expanded or enlarged.

2.

Cessation

(a)

If a nonconforming use, other than a market showroom, in the (MS) District ceases for any reason including damage, destruction, or demolition for a continuous period of more than 30 days, any subsequent use of land shall be a use permitted in the district.

(b)

The landowner shall demonstrate that the nonconforming use has not ceased for a continuous period of more than 30 days to maintain its nonconforming status.

C.

Standards Applied to Adult Entertainment Uses

1.

Continuation

(a)

A nonconforming adult entertainment use may be continued in accordance with the standards in Section 8.2.2 A, Continuation.

(b)

A nonconforming adult entertainment use is not rendered nonconforming by the location of a religious institution, school, day care, public recreation facility, residential district, or an establishment having a North Carolina ABC license within 650 feet of the adult entertainment use.

2.

Expansion or Enlargement Nonconforming adult entertainment uses shall not be expanded or enlarged.

3.

Cessation

(a)

If a nonconforming adult entertainment use ceases for any reason including damage, destruction, or demolition for a continuous period of more than 30 days, any subsequent use of land shall be a use permitted in the district.

(b)

The landowner shall demonstrate that the nonconforming use has not ceased for a continuous period of more than 30 days to maintain its nonconforming status.

D.

Standards Applied to Manufactured Dwellings Nonconforming manufactured dwellings shall meet the requirements of Section 8.2.2. Standards Applied to All Nonconforming Uses except as stated herein.

1.

Continuation and Replacement

(a)

A nonconforming manufactured dwelling that is the sole principal structure on a lot, or is located within a manufactured dwelling park, may be continued or replaced, in accordance with the requirements of this section.

(b)

A manufactured dwelling that replaces a manufactured dwelling located on a lot shall:

(1)

Obtain a building permit in accordance with Section 2.5.3, Building Permit;

(2)

Meet or exceed the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time the dwelling was manufactured; and

(3)

Meet the requirements of a manufactured dwelling in accordance with Section 4.3.2 B.4, Manufactured Dwelling.

(c)

A manufactured dwelling that replaces a manufactured dwelling located in a manufactured dwelling park shall:

(1)

Obtain a building permit in accordance with Section 2.5.3, Building Permit;

(2)

Meet or exceed the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time the dwelling was manufactured;

(3)

Be a single-wide unit no wider than 15 feet; and

(4)

Not increase the number of dwelling units in the manufactured dwelling park.

(d)

No manufactured dwelling made prior to June 15, 1976 may be used to replace a lawfully established nonconforming manufactured dwelling.

2.

Expansion or Enlargement A replacement manufactured dwelling or single-wide manufactured dwelling may be larger than the existing manufactured dwelling being replaced, provided:

(a)

It is located in a residential or AGR zoning district;

(b)

It is located on the same lot or space as the previous dwelling unit; and

(c)

It meets all applicable setbacks for the district where it is located.

E.

Standards Applied to Single-family Detached or Duplex Dwellings

1.

Expansion or Enlargement A nonconforming single-family detached or duplex dwelling may be expanded or enlarged provided:

(a)

The expansion or enlargement occupies the same lot or plot of ground as occupied by the existing structure at the time the use became nonconforming; and

(b)

The expansion or enlargement does not create any additional nonconformities.

F.

Standards Applied to Major and Minor Schools

1.

Expansion or Enlargement A nonconforming major or minor school may be expanded or enlarged provided:

(a)

The expansion or enlargement occupies the same lot or plot of ground as occupied by the existing structure at the time the use became nonconforming; and

(b)

The expansion or enlargement does not create any additional nonconformities.

(Ord. No. 7363/17-106, § 11, 11-20-2017; Ord. No. 7365/17-108, § 12, 11-20-2017)

Nonconforming principal and accessory structures shall be subject to the standards in this section.

A.

Continuation A nonconforming structure may be continued in accordance with Section 8.1.3, Continuation and Minor Repairs and Maintenance Allowed.

B.

Replacement

1.

After Damage in Excess of 50 Percent of Building Value In the event of damage by fire or other causes to an extent exceeding 50 percent of its building value prior to such damage, as established by the applicable county tax listing, reconstruction of a nonconforming structure shall be permitted only in compliance with the applicable dimensional standards of this Ordinance.

2.

After Damage Less Than 50 Percent of Building Value In the event of damage by fire or other causes to an extent not exceeding 50 percent of its building value prior to such damage, as established by the applicable county tax listing, reconstruction of a nonconforming structure shall be permitted, provided it is constructed:

(a)

In accordance with an approved site plan, group development, or building permit, as applicable;

(b)

In the same location and up to the same dimensions as originally existed; or

(c)

In compliance with the current dimensional standards.

3.

Relocation A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless upon relocation it conforms to the requirements of this Ordinance.

(Ord. No. 7415/18-44, § 8.C, 5-21-2018)

A.

Alteration No nonconforming structure may be enlarged or altered in any way which increases the nonconformity however, any nonconforming structure or portion thereof may be altered to decrease the degree of nonconformity.

B.

Enlargement Any enlargement of a nonconforming structure shall conform to the dimensional standards of the zoning district where it is located.

(Ord. No. 7415/18-44, § 8.D, 5-21-2018)

Nonconforming lots of record shall comply with the standards in this section.

A.

Lots with Contiguous Frontage in One Ownership When 2 or more adjoining lots with contiguous frontage are under common ownership and the lots are nonconforming in terms of width or area, such lots shall be combined for development purposes to create 1 or more lots, each of which conforms to the applicable dimensional standards of the district.

B.

Single Lot of Record in a Residential District When a lot in a residential zoning district has an area or width which does not conform to the dimensional standards of the district where it is located, but was of record on the effective date of this Ordinance, then a single-family dwelling may be built on the lot, subject to compliance with setback standards.

C.

Single Lot of Record in a Nonresidential District When a lot in a nonresidential district has an area or width which does not conform to the dimensional standards of the district where it is located, but was of record on the effective date of this Ordinance, then development on the lot may be permitted, subject to compliance with all required setbacks, open space requirements, and all other applicable development and design standards.

(Ord. No. 7415/18-44, § 8.E, 5-21-2018)

The boundaries, shape, or size of a nonconforming lot may be modified through a lot line adjustment, boundary adjustment, recombination, or consolidation provided it reduces the extent of the nonconformity.

A nonconforming lot that cannot be divided in compliance with the minimum lot area or minimum lot width requirements of the zoning district in which it is located, may be divided into individual lots provided:

A.

Location The lot is a lot of record that existed in its present configuration on the effective date of this Ordinance, and is within the Core City;

B.

Not a Subdivision That such division of land is not a subdivision as defined by this Ordinance;

C.

Lots Created

1.

No more than 3 lots are created;

2.

Each lot created shall contain only 1 existing single-family or 1 existing duplex dwelling;

3.

All lots meet all other requirements of the City and this Ordinance, including the provision and location of utilities;

D.

Dimensional Standards

1.

Each lot created has a minimum street frontage of 25 feet along an existing public street; and

2.

All dwellings shall meet the required side or rear yards from the newly created lot line(s).

E.

Driveways That any new driveways meet the requirements of the City's Driveway Ordinance. Where possible, shared driveway access is encouraged.

(Ord. No. 7415/18-44, § 8.F, 5-21-2018; Ord. No. 7750/21-67, § 14, 11-1-2021)

Conforming lots subject to governmental acquisition of a portion of the lot for a public purpose that results in the lot becoming nonconforming because it no longer complies with lot area or width standards of the district shall be deemed conforming upon receipt of a zoning compliance permit (see Section 2.5.16, Zoning Compliance Permit), and compliance with the following:

A.

Complies with Use Table The development proposed complies with Table 4.1.9, Principal Use Table;

B.

Complies with Dimensional Standards The development proposed complies with the dimensional standards of this Ordinance;

C.

Complies with Off-Street Parking Standards The development proposed is designed to comply with the off-street parking and landscaping standards of this Ordinance; and

D.

Complies with Other Applicable Standards The development proposed complies with all other standards and requirements of this Ordinance.

(Ord. No. 7680/20-96, § 5, 12-9-2020)

Signs made nonconforming by reason of annexation, expansion of the ETJ, or by amendment of the Development Ordinance or Official Zoning Map shall be subject to the standards in this section.

(Ord. No. 7912/23-27, § 4.U, 4-17-2023)

The following actions associated with a nonconforming sign shall be prohibited:

A.

Enlargement or Alteration Enlargement or structural alteration of a nonconforming sign or sign structure;

B.

Illumination Changes to sign illumination;

C.

Relocation Relocation of a nonconforming sign upon the premises; and

D.

Conversion Conversion to a different sign type, including but not limited to the addition of electronic changeable copy sign or video sign features (see Section 5.7.16., Sign Images by Sign Type, for visual illustrations of sign types).

(Ord. No. 7912/23-27, § 4.U, 4-17-2023)

A nonconforming sign may remain in place and be maintained indefinitely as a nonconforming sign, subject to the following standards:

A.

Maintenance Actions Normal maintenance of a nonconforming sign shall be allowed, and shall include the following:

1.

Nonstructural repairs, such as repainting or electrical repairs;

2.

Incidental alterations which do not increase the degree or extent of the nonconformity; and

3.

Changing of copy, as provided in this section.

B.

Change of Signs Copy Nonconforming signs may change copy in the form of replacement panels or replacement lettering, provided:

1.

The copy size remains the same; or

2.

The replacement copy is less nonconforming.

(Ord. No. 7912/23-27, § 4.U, 4-17-2023)

A.

Removal Any nonconforming sign that is removed for any reason shall be replaced only with a sign that complies with the provisions of this Ordinance.

B.

Damage

1.

If damage to a nonconforming sign from any cause is less than 50 percent 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.

If damage from any cause to a nonconforming sign equals or exceeds 50 percent of either the original or replacement value, the nonconforming sign may only be replaced with a sign that complies with the provisions of this ordinance.

C.

Renovation Nonconforming signs shall be removed or replaced with conforming signs if any of the following occur:

1.

Expansions of principal buildings that exceed 1,000 square feet of gross floor area (GFA) or the total expansions of principal buildings, open uses of land or off-street parking that individually or collectively exceed 3,000 square feet; or

2.

Structural or nonstructural alterations (excluding routine maintenance and repair of the façade of the principal building) that exceed 50 percent of the façade's area.

(Ord. No. 7912/23-27, § 4.U, 4-17-2023)

A.

Cessation for Less than 90 Days If the business activity on the premises where a nonconforming sign is located has ceased for a continuous period of less than 90 days, then the nonconforming sign shall be allowed to remain.

B.

Cessation for 90 Days or More If the business activity on the premises where a nonconforming sign is located has ceased for a continuous period of 90 days or more, then the nonconforming sign must be removed or replaced by a sign conforming to the standards of this Ordinance.

(Ord. No. 7912/23-27, § 4.U, 4-17-2023)

Nonconforming signs shall be removed or replaced with conforming signs if there is a change in use type.

(Ord. No. 7912/23-27, § 4.U, 4-17-2023)

Nonconforming signs shall be removed or replaced with conforming signs if an application for a sign permit to add new or additional signs to the premises is approved.

(Ord. No. 7912/23-27, § 4.U, 4-17-2023)