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Kings Mountain City Zoning Code

§ 156.130

Nonconformities

156.130.01 Purpose and Applicability

  • (A)
    Approvals. Any building, structure, or development for which legislative development approval with an expiration date was issued and had not expired prior to the effective date of this UDO may, at the applicant’s option, be completed in conformance with the issued permit and any other applicable permits and conditions, even if such building, structure, or development does not fully comply with provisions of this UDO. If a Building Permit is not obtained according to the requirements of the prior UDO or the applicable permit terms, the City Council may, for good cause shown, grant an extension for the development approval for up to one year for the purpose of obtaining a Building Permit under the terms of the previously applicable UDO. If a Building Permit is not obtained within the time allowed under the original UDO or permit or any extension granted, then the building, structure, or development may be constructed, completed, or occupied only in compliance with this UDO. 
  • (B)
    Pending Applications. Applications that are not pursued with due diligence may expire pursuant to Sec. 156.90.03.K, Inactive and Expired Applications.
  • Effective on: 1/1/1901

    156.130.02 Nonconforming Uses

  • (A)
    All Nonconforming Uses. The following shall apply to nonconforming uses. 
    1. (1)
      A nonconforming use shall not be changed to another nonconforming use.
    2. (2)
      If a nonconforming use is changed to a conforming use, the nonconforming use shall not be resumed.
    3. (3)
      If the use of only a portion of a building or property is changed from a nonconforming use to a conforming use, then the use of that portion of the building or property shall not be changed back to the nonconforming use.
  • (B)
    Damage and Restoration of Structure Housing a Nonconforming Use. Any conforming structure housing a nonconforming use that is damaged by any means to an extent exceeding 50 percent of its replacement cost shall comply with the use standards of this UDO when it is re-constructed. Any conforming structure housing a nonconforming use that is damaged by any means to a lesser extent may continue the nonconforming use if it is reconstructed and used as before within two years of the damage. 
  • (C)
    Extension of a Nonconforming Use. A nonconforming use may be extended through any portion of a completed building that, when the use was made nonconforming by this Ordinance, was designed or arranged to accommodate the extension of the use.  A nonconforming use may not be extended to:
    1. (1)
      Building area constructed after the effective date of this UDO;
    2. (2)
      Additional buildings or to land outside the original building; or
    3. (3)
      To cover more land than was occupied, or designed and arranged to be occupied by that use, when it became non-conforming.
  • (D)
    Nonconforming Temporary Uses. Certain nonconforming uses, due to their individual temporary circumstances, cannot be maintained as a year-round use. These uses, which are identified in Section 156.30.07, Temporary Use and Structure Standards, shall be considered abandoned if the temporary use is discontinued for longer than any 12 month period.
  • (E)
    Nonconforming Bona Fide Farms or Agri-Businesses. Existing bona fide farms or agri-businesses in the RU zoning district may be operated on a property so designated by Cleveland County or Gaston County as of the time of the effective date of this UDO. Such farms or agri-businesses may continue in their current state and with their existing level of activity in accordance with the following:
    1. (1)
      Expansion. Such farms or agri-businesses shall be permitted to expand to the maximum extent permitted under the requirements of this district on the same property or adjacent property (also having the bona fide farm designations).
    2. (2)
      Non-Bona Fide Designation. New or expanded agri-business operations on property not having a bona fide farm designation shall not be permitted.
    3. (3)
      Continuance. Bona-fide farms which cease to qualify as such may return to active farming and may continue as farms as if they had never ceased operating. However, once a bona fide farm ceases to qualify as such, and the property is developed for other non-farm uses permitted in the RU district, it may not be re-established as a bona fide farm.
  • (F)

    Discontinuance of Nonconforming Sexually-Oriented Businesses.  Nonconforming sexually-oriented businesses shall be discontinued if that business ceases active operation for a period of 30 days regardless, of the purpose or reason, shall be subject to all the requirements of this Ordinance and the property may thereafter be used only for conforming uses.

  • (G)
    Replacement of Nonconforming Manufactured Homes in a Nonconforming Manufactured Home Park.  
    1. (1)
      Manufactured homes may be placed and replaced in nonconforming manufactured home parks so long as the mobile home park:
      1. (a)
        Retains its nonconforming status and so long as the space was designed and arranged as a manufactured housing home space prior to the adoption of this UDO; and
      2. (b)
        Meets the definition of a manufactured home.
    2. (2)
      Nonconforming manufactured homes, located in manufactured home parks, which have been unoccupied for a period of 180 days; shall be either removed or replaced with a new manufactured home.
  • Effective on: 1/1/1901

    156.130.03 Nonconforming Building or Structures

  • (A)
    Limitations on Nonconforming Building or Structures.
    1. (1)
      Continuance. Subject to this Section, any nonconforming building or structure may be occupied, operated, and maintained in a state of good repair. No nonconforming building or structure may expand, enlarge, or extend the use.
    2. (2)
      Expansion or Additions. Expansions or additions to structural parts of a nonconforming building or other structure shall be permitted with the issuance of a Certificate of Nonconformity Adjustment. Any expansion or enlargement shall comply with all applicable zoning district dimensional regulations.
    3. (3)
      Repairs or Alterations. Repairs to existing Nonconforming Buildings or Structures that do not include an expansion or addition shall not require a Certificate of Nonconformity Adjustment.
    4. (4)
      Damage and Reconstruction. If a nonconforming structure is damaged, partially destroyed, or deemed to be unsafe the structure may be restored to its original dimensions provided that: 
      1. (a)
        The original nonconformity is not enlarged, increased, or extended; 
      2. (b)
        A Building Permit is obtained for repairs within six months of the date the building was damaged;
      3. (c)
        The construction is commenced within six months after obtaining the required Building Permits; and 
      4. (d)
        The damage or destruction does not exceed 60 percent of the gross floor area (GFA) of a nonconforming structure or 60 percent of the replacement cost of the structure.
  • (B)
    Nonconforming Towers.
    1. (1)
      No Expansion. Towers that are constructed and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
    2. (2)
      Preexisting Towers. Preexisting towers constructed prior to the adoption of this UDO shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
    3. (3)
      Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding this Section, bona fide nonconforming towers or antennas that are damaged or destroyed by weather events or other non-manmade causes to conform to the requirements of this Ordinance provided the type, height, and location of the tower onsite shall be of the same type and intensity as the original facility; provided, however, that any destroyed lattice or guyed tower shall be replaced with a monopole structure only. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.
  • Effective on: 1/1/1901

    156.130.04 Nonconforming Lots

  • (A)
    Continuance. Permitted uses in any district may be allowed on any single lot of record existing at the effective date of adoption or amendment of this UDO if:
    1. (1)
      A nonconforming lot does not expand or extend on the same or adjoining property; or
    2. (2)
      A nonconforming lot is discontinued or changed, that any future use of land or portion conforms with this UDO's provisions; and
    3. (3)
      Such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, generally applicable in the zoning district.
  • (B)
    Creation of Nonconforming Lots Prohibited. The subdivision of any land may not result in a lot area or dimension that does not meet the minimum standards of this UDO.
  • (C)
    Permitted Use. Any existing lot of record which does not conform with lot area, depth, or width requirements may be used for any permitted use in that zoning district so long as the parcel is not reduced in any manner or diminished so as to cause yards, lot coverage, or other open spaces to be less than required, except as provided in subsection D, below.
  • (D)
    Dimensional Requirements. Dimensional requirements other than those applying to lot area, depth, or width shall be met, provided that the Director may allow a reduction of not to exceed 25 percent in the dimension of any required yard. Approval shall depend upon a written finding that such reduction is reasonably necessary for practical use of the lot and will not have substantial adverse effects on adjacent property. Reduction of yard requirements by more than 25 percent shall be obtained only through a variance granted by the Board of Adjustment.
  • Effective on: 1/1/1901

    156.130.05 Nonconforming Signs

  • (A)
    Nonconforming Sign Defined. A nonconforming sign means any existing sign that does not comply with all the regulations applicable to the zoning district and development standards in which the sign is located.
  • (B)
    Nonconforming Signs Continued Use. Any nonconforming sign may continue use in good repair and safe condition, as determined by the Planning Director or his/her designee. Any required repair and/or maintenance is allowed pursuant to paragraph C, Repair and Maintenance. Replacement and/or relocation of a nonconforming sign must meet all provisions of section 156.60.03.
  • (C)
    Repair or Maintenance. The following actions are considered maintenance and are allowed without losing the legal nonconforming status of the sign:
    1. (1)
      Replacement of minor parts if the material of the minor parts are the same type as those being replaced and the basic design or structure of the sign is not altered;
    2. (2)
      Cleaning and painting;
    3. (3)
      Manipulation of sign structure to level or plumb it;
    4. (4)
      Changing all or part of the sign face, including for a new business; and
    5. (5)
      Replacement of any part of the structure as long as the resulting structure is of the same material and does not change in size in any dimension from the existing legally nonconforming sign. 
  • (D)
    Abandonment and Termination of a Nonconforming Sign. A nonconforming sign is deemed abandoned and the right to operate a nonconforming sign terminates immediately if any of the following occur:
    1. (1)
      Non-Use. The non-use of the sign for a continuous period of more than 180 days.
    2. (2)
      Dilapidation. Discontinuance or abandonment occurs irrespective of the intent of the property owner if the nonconforming sign is dilapidated, substandard, illegible, or is not maintained in a suitable condition during a continuous period of 180 days.
    3. (3)
      Change in Business.  If a nonconforming sign which advertises a business service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, property owner, or other party having control over such sign within 180 days after the use has ceased operation or the service or commodity has ceased being offered.
  •  

    (Ord. 24-42, 10/29/2024)

    Effective on: 10/29/2024

    156.130.06 Development Standards

  • (A)
    Generally. This Section ensures that the site elements that met the requirements of previous development regulations are not modified to increase their degree of nonconformity.
  • (B)
    Nonconforming Driveway.
    1. (1)
      Continuance. Any nonconforming driveway access is permitted to continue as a nonconforming driveway until: 
      1. (a)
        Any additional driveway is constructed for the subject property or for the unified development of which it is a part; or
      2. (b)
        The driveway requires reconstruction or repaving. 
    2. (2)
      Termination. If the criteria in Subsection B., Nonconforming Driveway, are met, the nonconforming driveway shall no longer be permissible, and the Director shall require new driveway access to meet the requirements of this UDO.  
  • (C)
    Other Nonconforming Site Elements. No other nonconforming site element may be modified except to bring the site element into greater compliance with the requirements of the UDO.
  • Effective on: 1/1/1901