Nonconforming uses may be continued, subject to the following provisions:

(1)

A nonconforming use of any building or land shall not be enlarged or extended, provided that a nonconforming use of any building may be extended to any portion of such building which was at the time such use became nonconforming manifestly arranged or designed for such use.

(2)

A nonconforming use shall not be changed to any but a conforming use. When a nonconforming use has been changed to a conforming use, the premises shall not thereafter be used for any nonconforming use.

(3)

No structural alterations shall be made in a building housing a nonconforming use except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building.

(4)

A nonconforming use of any building or structure which is damaged to an extent exceeding 75 percent of its then reproductive value, exclusive of foundations, by fire, flood, explosion, earthquake, riot or act of God shall be discontinued. Such buildings or structures shall thereafter be used only in conformance with the provisions of the district in which it is located.

(5)

If a nonconforming use is discontinued for a continuous period of more than 180 days, any future use of the land or building shall be in conformity with the provisions of this chapter.

(6)

The status of a nonconforming use shall not be affected by change of ownership of the property housing such nonconforming use.

(Ord. No. 8-85, art. IX, § 1, 9-23-85)

Nonconforming buildings and structures shall be allowed to remain, subject to the following provisions:

(1)

A nonconforming building or structure shall not be enlarged or extended unless such extension shall comply with all the requirements of this chapter for the district in which it is located.

(2)

A nonconforming building or structure which is damaged to an extent exceeding 75 percent of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, riot or act of God shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

The status of a nonconforming building or structure shall not be affected by change of ownership of such building or structure.

(Ord. No. 8-85, art. IX, § 2, 9-23-85)

Nonconforming manufactured homes on individual lots in the R-20, R-15, B-2 and L-I zoning classification districts may be replaced with a newer manufactured home under the following conditions:

(1)

The manufactured home being replaced shall not be located, at the time of replacement, in either the primary fire districts of the city as adopted and from time to time amended by the city council, except in the manner prescribed by G.S. 160D-1128.

(2)

Any replacement manufactured home shall comply with the federal manufactured home construction and safety standards if constructed after June 15, 1976.

(3)

Any replacement manufactured home shall comply with part III, standards for installation of manufactured homes of the North Carolina Regulations for Manufactured Homes and Modular Housing, as adopted and from time to time amended.

(4)

A manufactured home that replaces an existing manufactured home shall be skirted with a nonflammable material.

(5)

The replacement of a nonconforming manufactured home with another manufactured home that meets all the conditions mentioned in this section must occur within 30 days of the date of discontinuation of the nonconforming use unless approved otherwise by the enforcement officer.

(6)

Any replacement manufactured home must meet the requirements of all other applicable provisions of this chapter and all other city ordinances and codes.

(Ord. No. 8.1-85, § 2, 1-6-86; Ord. No. 8.2-85, § 1, 4-7-86; Ord. No. 2024-01, 1-2-24)

Nonconforming single-family dwellings on individual lots in the L-I zoning classification district may be replaced, rehabilitated, enlarged or extended under the following conditions:

(1)

The single-family dwelling being replaced, rehabilitated, enlarged or extended shall not be located at the time of such replacement, rehabilitation, enlargement or extension, in the primary fire districts of the city as adopted and from time-to-time amended by the city council except in the manner prescribed by G.S. 160D-1128.

(2)

The replacement of a nonconforming single-family dwelling with a single-family dwelling that meets all the conditions mentioned in this section must occur within one year of the date of discontinuation of the nonconforming use, unless approved otherwise by the code enforcement officer.

(3)

Any replacement, rehabilitation, enlargement or extension must meet the requirements of all other applicable provisions of this chapter and all other city ordinances and codes.

(Ord. No. 8.2-85, § 1, 4-7-86; Ord. No. 2024-01, 1-2-24)