(a)

It is the intent of this ordinance to "grandfather" non-conformities that existed on the date of the adoption of this ordinance September 14, 2005. Within the districts established by this ordinance or amendments that may later be adopted, there exist densities, structures, premises, and parking lots which were lawful before this ordinance was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these densities, structures, premises, and parking lots:

(1)

To continue unless or until they are voluntarily removed;

(2)

To be enlarged upon, expanded, or extended, in compliance with the regulations of the district in which it is located; and that

(3)

Such nonconformities may not be used as grounds for replicating elsewhere in the town.

(b)

It is the intent that nonconforming densities, structures, premises, and parking lots involuntarily destroyed by wind, fire, flood, or other natural disasters, may be rebuilt as they existed prior to the effective date of this ordinance, where not inconsistent with federal and state regulations such as CAMA and FEMA.

(c)

It is the intent of this ordinance to avoid undue hardship, and nothing in this ordinance shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, that excavation, demolition, or removal shall be considered to be actual construction, provided that work shall be carried on diligently.

(d)

It is the intent that where practicable, landscaping, buffers, lighting, signage, and curb cuts be brought into compliance.

(Ord. of 9-14-2005, § 21.1)

(a)

Unless otherwise provided in this chapter, nonconforming situations that were otherwise lawful on the effective date of this ordinance may be continued, except outdoor lighting (see section 19-2, Inspections).

(b)

Nonconforming projects may be completed only in accordance with the provisions of section 21-8 (Completion of Nonconforming Projects).

(Ord. of 9-14-2005, § 21.2)

Any lot of record existing on the passage date September 14, 2005, of this ordinance shall be a conforming lot. Construction on such lots must meet all terms and conditions generally applicable in the district.

(Ord. of 9-14-2005, § 21.3)

(a)

Nonconforming uses of land. Where at the time of passage of this ordinance, lawful use of vacant land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be increased to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

(2)

No structure not conforming to the requirements of this ordinance shall be erected in connection with the nonconforming use of land.

(b)

Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance, the structure may remain so long as it is lawful, subject to the following provisions:

(1)

Any structure or portion of it may be enlarged, heightened, or altered in compliance with the regulations of the district in which it is located, so long as it does not increase the nonconformity. Heightening a structure that does not meet dimensional requirements, including setbacks, shall be considered an increase in its nonconformity.

(2)

Any nonconforming structure or portion of it may be altered to decrease its nonconformity.

(3)

Nonconforming structures involuntarily destroyed by wind, fire, flood, or other natural disasters, may be rebuilt as they existed prior to the effective date of this ordinance, where not inconsistent with federal and state regulations such as CAMA and FEMA.

(4)

Historic structures may be replicated to their original condition if destroyed or damaged by any means.

(c)

Nonconforming uses. If lawful use of buildings and/or premises exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to uses not permitted in the district in which it is located shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Nonconforming uses in structures involuntarily destroyed by wind, fire, flood, or other natural disasters, may be continued in structures rebuilt as they existed prior to the effective date of this ordinance, where not inconsistent with federal and state regulations such as CAMA and FEMA.

(3)

Any nonconforming use that is superseded by a lawful use shall thereafter conform to the use regulations for the district, and the nonconforming use may not thereafter be resumed.

(d)

Uses under special-use provisions. Any use which is permitted as a special use in a district under the terms of this ordinance shall not be deemed a nonconforming use in such district but shall, without further action, be considered a conforming use.

(Ord. of 9-14-2005, § 21.4; Ord. No. ZTA-21-02, Art. III(Pt. 46), 6-16-2021)

(a)

Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, (i.e., work estimated to cost more than 50 percent of its replacement cost of the structure) may be done only in accordance with the general requirements of this ordinance.

(b)

The "cost" of renovation or repair shall mean the current fair market value of the materials and services necessary to accomplish such renovation or repair.

(c)

The "cost" of renovation or repair shall mean the total cost of all such intended work, and no person may seek to avoid the intent of this ordinance by doing such work incrementally.

(d)

The zoning administrator may require the applicant to provide an appraisal to establish the cost.

(e)

The zoning administrator shall issue a zoning permit authorized by this section if he finds that, in completing the renovation or repair, the permittee will comply to the extent reasonably possible with all provisions of this ordinance applicable to the existing use (except that the permittee shall not lose his right to continue a nonconforming use).

(Ord. of 9-14-2005, § 21.5)

(a)

A change in use of property that is sufficiently substantial to require a new zoning permit or special use permit may not be made except in the following circumstances:

(1)

If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of this ordinance applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this ordinance is achieved, the property may not revert to its nonconforming status.

(2)

If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this ordinance applicable to that use cannot reasonably be complied with, then the change is permissible if the entity authorized by this ordinance to issue a permit for that particular use (the zoning administrator, Planning and Zoning Board, or town commissioners) issues a permit authorizing the change. This permit may be issued if the permit-issuing authority finds, in addition to any other findings that may be required by this ordinance, that:

a.

The intended change will not result in a violation of section 21.4 (Extension and Enlargement of Nonconforming Situations); and

b.

The permittee will comply to the extent reasonably possible with all provisions of this ordinance applicable to the existing use.

(Ord. of 9-14-2005, § 21.6; Ord. No. ZTA-21-02, Art. III(Pt. 47), 6-16-2021)

(a)

When a nonconforming use is discontinued for a consecutive period of 365 days, the property involved may thereafter be used only for conforming purposes. The zoning administrator shall notify the property owner when the 365-day period begins.

(b)

After 365 days of abandonment or discontinuance, a new zoning permit is required. Where practicable, future uses of the property shall comply with provisions of this ordinance, including but not limited to landscaping, curb cuts, signage, and lighting.

(c)

For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the 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 for 365 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a nonconforming use 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.

(Ord. of 9-14-2005, § 21.7)

As provided in G.S. 160D-108, neither this ordinance or any amendment to it shall, without the written consent of the property owner, affect any lot with respect to which a development permit has been issued prior to the enactment of the ordinance making the change so long as the development permit remains valid, unexpired, and unrevoked.

(Ord. of 9-14-2005, § 21.7; Ord. No. ZTA-21-02, Art. III(Pt. 48), 6-16-2021)