Upon the effective date of this ordinance, and any amendment thereto, preexisting structures or lots of record and existing and lawful uses of any building or land which do not meet the minimum requirements of this ordinance for the district in which they are located or which would be prohibited as new development in the district in which they are located shall be considered as nonconforming. It is the intent of this article to permit these nonconforming uses to continue until they are removed, discontinued, or destroyed, but not to encourage such continued use, and to prohibit the expansion of any nonconformance.

A nonconforming use is a use of land, buildings, or structures that was lawfully established prior to the effective date of this ordinance, or any amendment thereto, but which does not conform to the regulations for the zoning classification in which it is located. Nonconforming uses may be continued subject to the limitations noted herein. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building or one space in a nonconforming manufactured home park for ninety (90) days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building or manufactured home park as a whole is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

8.2.1. Expansions. No nonconforming use shall be extended, expanded, enlarged, or moved to occupy a different or greater area of land, buildings, or structures than was occupied by such use at the time it became nonconforming; provided, however, a nonconforming use may be extended throughout any parts of a building which were specifically designed and arranged for such use at the time it became nonconforming.

8.2.2. No building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved, or structurally altered unless such building or structure is thereafter devoted to a conforming use; provided, however, such building or structure may be enlarged or extended upon prior authorization from the board of adjustment, which authorization shall not be granted unless the board of adjustment makes each of the following findings of fact:

8.2.2.1. The proposed enlargement or extension shall be minor or insignificant in relation to the existing building or structure.

8.2.2.2. The proposed enlargement or extension shall not increase the intensity of the nonconforming use, which is to say, it will not result in an increase in dwelling units for a residential use nor in gross floor area for a nonresidential use.

8.2.2.3. The proposed enlargement or extension is designed so that it will not render the use of the property any less compatible than it is in its existing circumstances.

8.2.2.4. The authorization of such proposed enlargement or extension is not otherwise contrary to the public health, safety, or welfare.

8.2.3. A nonconforming use of a structure may not be changed to another nonconforming use unless such change is authorized by the board of adjustment. In order to authorize a change in nonconforming use, the board of adjustment shall consider the relative impacts of the existing nonconforming use and the proposed nonconforming use with regard to traffic, noise, pollution, visual appearance and compatibility with the neighborhood, and shall make each of the following findings:

8.2.3.1. The proposed use is expected to result in impacts which are less than those associated with the existing use.

8.2.3.2. The proposed use will be more compatible with the surrounding neighborhood than is the existing use.

8.2.3.3. Approval of the change in nonconforming use serves the public health, safety, and general welfare.

8.2.3.4. Failure to approve the change in nonconforming use would result in a hardship to the owner of the property on which the nonconforming use is situated.

An existing nonconforming use shall be discontinued within sixty (60) days of the date of approval of a change in nonconforming use. Subsequent to that time, such existing use shall become unlawful.

8.2.4. Where a nonconforming use ceases for ninety (90) consecutive days, then the use shall not be re-established or resumed, and any subsequent use of the land or structure shall conform to the requirements of this ordinance. Vacancy and non-use of the building or structure, regardless of the intent of the owner, shall constitute discontinuance under this provision.

8.2.5. When a structure or operation made nonconforming by this ordinance is vacant or discontinued on November 4, 2013, the ninety-day period for purposes of this section begins to run on November 4, 2013.

8.2.6. Where a building or structure devoted to a nonconforming use is damaged to the extent of fifty (50) percent or more of its current value, such building or structure, if restored, shall thereafter be devoted to conforming uses. For nonconforming signs, refer to subsection 8.7.5.

A nonconforming structure is a building or other structure which lawfully existed prior to the effective date of this ordinance, or an amendment thereto, and which no longer could be built under the terms of this ordinance, as amended, by reason of restrictions on area, footprint, open space, building height, setbacks, lot width, or other requirements concerning the structure.

8.3.1. A nonconforming structure devoted to a use permitted in the zoning classification in which it is located may continue to be used only in accordance with the provisions of this section.

8.3.2. Normal repair and maintenance may be performed to allow the continuation of nonconforming structures.

8.3.3. Except as provided in sections 8.3.4 and 8.3.5, below, a nonconforming structure shall not undergo a change of use, renovation, or expansion.

8.3.4. A nonconforming structure may undergo a change or use or renovation without having to bring the structure into conformity with the requirements of these regulations, provided that:

8.3.4.1. The change in use or renovation does not increase the floor area of the structure.

8.3.4.2. The change in use is to a permitted use within the district.

8.3.4.3. The number of parking spaces provided for the use is in conformity with the requirements of these regulations.

8.3.5. A nonconforming structure may be expanded, without bringing the nonconforming structure into conformity with these regulations, only if the part of the structure to be expanded and the area of the lot into which the expansion is taking place are both brought into conformity with the requirements of this ordinance.

8.3.6. A nonconforming structure shall not be moved unless it thereafter conforms to the standards of the zoning classification in which it is located.

8.3.7. Where a nonconforming structure is damaged by fire, flood, wind, or other act of God, and such damage does not exceed fifty (50) percent of the current assessed taxable value of the structure, it may be restored to its original dimensions and conditions as long as a building permit for the restoration is issued within twelve (12) months of the date of the damage.

Any lot of record of structure existing at the time of the adoption of this ordinance, which has dimensions which do not meet the requirements of this ordinance, shall be subject to the following exceptions and modifications:

8.4.1. Adjoining lots. When two or more adjoining lots with continuous frontage are in one ownership at any time after the adoption of this ordinance, and such lots individually are less than the minimum square footage and/or have less than the minimum width required in the district in which they are located, such group of lots shall be considered as a single lot or several lots of minimum permitted area and width for the district in which they are located.

8.4.2. Lot not meeting minimum lot size requirements. Except as set forth in the above, in any district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of these regulations that has dimensions that are less than required by these regulations may be used as a building site for a single-family dwelling providing the lot area and width are not less than eighty (80) percent of the requirements in the district. If the lot is smaller or narrower, a variance may be requested of the board of adjustment.

8.4.3. Yard requirements modified. Except as set forth in subsection 8.4.1, above, where a lot has width or depth less than that required in the district in which it is located, the UDO administrator shall be authorized to reduce the yard requirements for such lot by not more than twenty (20) percent. Additional or other forms of yard modification may be permitted with a variance granted by the board of adjustment.

8.4.4. Enlargement of nonconforming structures. Any building which is nonconforming solely because of its encroachment in a required yard area may be extended in any lawful manner that does not further encroach in that yard.

Minor repairs to and routine maintenance of land, buildings, structures, or other development of land devoted to a nonconforming use or having nonconforming structures are permitted, provided the cost of such repairs and maintenance within any twelve-month period does not exceed ten (10) percent of the current assessed taxable value of the land, buildings, structure, or other development of land. Any structure or other development of land devoted to a nonconforming use that is declared unsafe by the UDO administrator because of lack of repairs and maintenance shall not be restored, repaired, reconstructed, or used except in conformity with the provisions of this article. Any structure or other development of land devoted to a nonconforming use that is declared unsafe by the UDO administrator, but not because of lack of repairs and maintenance, may be repaired and restored subject to the requirements of this article.

All nonconforming projects on which construction was begun at least one hundred eighty (180) days before the effective date of this ordinance as well as all nonconforming projects that are at least ten (10) percent completed in terms of the total expected cost of the project on the effective date of this ordinance 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 N.C.G.S. 160A-385(b), neither this ordinance 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 N.C.G.S. 160A-417 prior to the enactment of the ordinance making the change so long as the building permit remains valid, unexpired, and unrevoked.

Signs in existence on the effective date of this ordinance which do not conform to the provisions of this ordinance 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 ordinance 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 such signs shall be controlled as follows:

8.7.1. No nonconforming sign shall be changed to another nonconforming sign.

8.7.2. No nonconforming sign shall 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.

8.7.3. No nonconforming sign shall be structurally altered so as to change the shape, size, type, or design of the sign other than to make the sign conforming.

8.7.4. No nonconforming sign shall be re-established after the activity, business or use to which it relates has been discontinued and such sign shall be removed.

8.7.5. No nonconforming sign shall be re-established, and all remains of the sign must be removed after damage or destruction, if the estimated expense of repairs exceed fifty (50) percent of the estimated total cost of the sign at the time of destruction. If damaged by less than fifty (50) percent, but repairs are not made within three (3) months of the time such damage occurred, the nonconforming sign shall not be allowed to continue and must be removed.

8.7.6. No nonconforming sign shall be relocated.

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

Signs located on premises which come within the zoning jurisdiction of the City of Kinston after the effective date of this ordinance and which signs do not comply with the provisions of this ordinance shall be subject to the requirements listed above. Any nonconforming sign which is structurally altered, relocated, or replaced shall immediately be brought into compliance with all the provisions of this ordinance.